DUI First Offense in Oregon – What You’re Really Facing

If you have been arrested for DUII in Oregon for the first time, it is normal to feel scared, embarrassed, and unsure what happens next. Most people have the same questions right away: Am I going to jail? Will I lose my license? How will this affect my job and family?

Oregon takes DUII charges seriously, but not every first offense ends with the harshest possible outcome. The best way to lower the stress is to understand the two tracks you are dealing with, what the minimum penalties actually are, and where you may have options, including diversion.

The Court Process for a First DUII in Oregon

After a DUII arrest, you will typically have an arraignment within days or weeks. This is your first court appearance. The judge reads the charge and asks for a plea. Many people enter a “not guilty” plea at arraignment so their attorney has time to review the police reports, test results, and body camera or dashboard video.

From there, your case moves into pretrial hearings. This is where evidence is exchanged, legal motions can be filed, and your lawyer can negotiate with the prosecutor. Some first-offense cases resolve through diversion or a negotiated agreement. Others head toward trial if the facts and legal issues support fighting the charge.

At the same time, the DMV may take action against your license before your criminal case is finished. Under Oregon’s implied consent rules, failing or refusing a breath test can trigger an administrative suspension. You also have a strict deadline to request a DMV hearing, and the DMV requires that the hearing request be received within the required time frame. See Oregon DMV hearing information here: Implied Consent Hearings (DMV).

First-Offense DUII Penalties in Oregon

A first DUII conviction in Oregon carries mandatory minimum penalties. In plain terms, that means the judge must impose at least the minimum sentence required by law. The details vary by case, but common minimums include:

• Jail or community service: At least 48 hours in jail o 80 hours of community service.
• Multas: A minimum $1,000 fine, with higher minimums in some circumstances (including higher BAC allegations).
• Criminal license suspension: Typically 1 year if convicted, separate from any implied consent suspension.
• Dispositivo de bloqueo de encendido (IID): Required in any vehicle you drive for a period of time once driving privileges are restored.
• Treatment and classes: Drug and alcohol evaluation and completion of recommended treatment, plus a Victim Impact Panel.
• Permanent record concerns: A DUII conviction in Oregon is not easily erased, and expungement is generally not available for DUII convictions.

These penalties are the baseline. Depending on the allegations, prior history, and the county where the case is filed, the real-world impact can be bigger than people expect.

The Real-Life Impact of a DUII Arrest

DUII penalties do not stay neatly inside a courtroom. A first offense can disrupt daily life quickly, including:

• Missing work for court dates, evaluations, treatment, or community service.
• Transportation problems during a suspension, especially for parents and caregivers.
• Higher insurance premiums and long-term cost increases.
• Stress from explaining the situation to family members or an employer.

Even when this is your first arrest, it can feel like everything is happening at once. Having a plan early matters. A lot of people are also worried about the mugshot side of a DUII arrest, especially how quickly DUII mugshots can spread online. One of the best ways to avoid having your mugshot taken or posted online is to act fast and make smart moves early, including the steps we outline for avoiding a Bend mugshot.

Is Jail Time Always Required After a First DUII?

For a first-offense misdemeanor DUII conviction, Oregon law requires some jail or community service as a minimum sentence. In many first-offense cases, judges will allow community service instead of jail, particularly when the person is otherwise law-abiding and is taking the case seriously.

In some situations, time already spent in custody may be credited toward the minimum jail requirement. Community service (80 hours minimum) can often be scheduled around work and family obligations, but it still takes planning and follow-through.

DUII Diversion in Oregon

Many first-time DUII defendants may qualify for Oregon’s DUII Diversion Program. Diversion is a structured, court-supervised option that can allow a person to avoid a DUII conviction if they meet eligibility requirements and successfully complete the program.

If diversion is granted and completed, the DUII charge is typically dismissed after the diversion period. Diversion requirements commonly include:

• Drug and alcohol screening and completion of any recommended treatment.
• Attendance at a Victim Impact Panel.
• Abstaining from alcohol and drugs for the diversion period (with monitoring requirements in many cases).
• Installing an IID during the diversion period.

Not everyone qualifies. Prior DUII convictions, certain prior diversion history, and other legal issues can affect eligibility. If diversion is on the table, it is often the best path for a true first offense, but it must be handled correctly from the start.

ODOT has reported that thousands of people enter DUII diversion each year, reflecting how common diversion is for qualifying first-offense cases. For example, an ODOT impaired driving planning document notes that more than 6,000 people entered diversion in 2022: ODOT Impaired Driving Strategic Plan (PDF).

License Suspensions: DMV vs. Court

One of the most confusing parts of a DUII arrest in Oregon is that you may face two separate license actions that operate independently:

Administrative suspension (DMV)

• A menudo 90 days for a first offense if you fail a breath test.
• A menudo 1 year for a first offense if you refuse a breath, blood, or urine test.

Oregon DMV publishes the implied consent suspension lengths here: Suspensions, Revocations and Cancellations (DMV).

Criminal suspension (court)

• A menudo 1 year if convicted of DUII.

These suspensions may overlap, but they do not always line up the way people assume. This is why the DMV hearing deadline matters. If you want a DMV hearing, your request must be received by DMV within the required time window, which is commonly the tenth day after the arrest for breath test failure or refusal. Oregon DMV explains the hearing request timing here: How to Request an Implied Consent Hearing.

How a DUII Attorney Helps in a First-Offense Case

A first-offense DUII is still a criminal charge, and the way you handle it can shape your record, your license status, and your future options. That is why working with a defensa penal team that focuses on DUII matters can make a measurable difference. Our abogados de defensa penal y abogados de defensa penal help clients protect their rights, meet deadlines, and pursue the best available outcome based on the facts of the stop, the tests, and the evidence.

It is tempting to think you can “just get it over with,” especially if this is your first arrest. The risk is that DUII cases involve strict deadlines, technical evidence, and consequences that can follow you for years.

A DUII defense attorney can help by:

• Handling the DMV hearing request and meeting the deadline.
• Reviewing whether the stop, investigation, and arrest were lawful.
• Challenging field sobriety tests, breath testing procedures, and other evidence.
• Evaluating diversion eligibility and guiding you through diversion requirements.
• Fighting for reduced consequences when diversion is not available.

If you want to learn more about how our team approaches Oregon DUII defense, visit our practice page here: DUII and Felony DUII Defense.

A DUII Charge Does Not Have to Define Your Future

A first DUII arrest can be a wake-up call, but it does not have to ruin your future. Many first-time offenders are able to avoid a DUII conviction through diversion, and even when diversion is not available, the right legal strategy can reduce the impact on your license, your work, and your life.

En Grupo de abogados Gilroy Napoli Short, we have guided clients through Oregon DUII cases for years, including first-offense arrests, diversion, and contested hearings. The earlier you get advice, the more options you may have.

If you have been charged with a first-offense DUII in Oregon, contact Gilroy Napoli Short Law Group to schedule a confidential consultation.