Is a DUII a felony in Oregon?
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On a third inside ten years — and then the window disappears. Two prior convictions inside ten years make the current offense a Class C felony with a 90-day minimum that cannot be reduced for any reason. Then comes the part people miss: once you have been sentenced for that felony, the ten-year limitation is eliminated, and any subsequent episode of driving under the influence is a Class C felony no matter how many years pass.
Written any number of ways — a 3rd DUII, a DUII 3rd, a felony DUII, or simply a DUII in OR — and the paperwork will use none of them. Oregon charges it under a section number, and that is what decides the range below.
Grade. Class C felony
Confinement. Mandatory minimum 90 days, without reduction for any reason
Fine. Set by the felony range
Oregon Revised Statutes § 813.011 · Or. Rev. Stat. § 813.011(1)–(3) · checked 2026-09-04
The facts that make a DUII a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| One felony DUII already on the record | Every later offense is a felony, forever | The ten-year limitation is eliminated outright once you have been sentenced for felony DUII. It is one of the few provisions in American impaired-driving law with no look-back at all. Oregon Revised Statutes § 813.011 · Or. Rev. Stat. § 813.011(2) · checked 2026-09-04 |
The device is a separate track
Oregon pairs the device with a hardship permit. The permit is available once you are eligible for reinstatement, have a DUII treatment program to complete, and are required by law to fit an interlock on any vehicle you drive — and it only covers named purposes such as work, school, childcare and medical appointments.
In Oregon the interlock term runs Length of suspension and is administered by Oregon DMV (Department of Transportation), with the court on diversion cases — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Oregon DMV (Department of Transportation), with the court on diversion cases
Oregon DUII questions
Is a DUII a felony in Oregon?
On a third inside ten years — and then the window disappears. Two prior convictions inside ten years make the current offense a Class C felony with a 90-day minimum that cannot be reduced for any reason. Then comes the part people miss: once you have been sentenced for that felony, the ten-year limitation is eliminated, and any subsequent episode of driving under the influence is a Class C felony no matter how many years pass. One felony DUII already on the record: every later offense is a felony, forever.
What does a 3rd DUII in Oregon carry?
Class C felony: mandatory minimum 90 days, without reduction for any reason, and a fine of set by the felony range. The range is set by Or. Rev. Stat. § 813.011(1)–(3), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Oregon?
One felony DUII already on the record — every later offense is a felony, forever.
Does an interlock come with it in Oregon?
Oregon pairs the device with a hardship permit. The permit is available once you are eligible for reinstatement, have a DUII treatment program to complete, and are required by law to fit an interlock on any vehicle you drive — and it only covers named purposes such as work, school, childcare and medical appointments. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Oregon DMV (Department of Transportation), with the court on diversion cases.
Other steps in Oregon: second offense penalties and first offense penalties.
All Oregon DUII rules →Penalties across the states →Oregon DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.