Oregon's DUII law is harsh. Plea bargaining is strictly forbidden, and the punishments mandated even for first conviction include jail, a fine of at least $1000, suspension of driving privileges for at least one year, and extensive alcohol/drug education classes and probation.

For repeat offenses, the penalties increase, and some are classified as felons. Every DUII in Oregon is classified as a crime, carrying possible jail sentence of at least one year. Every defendant charged with DUII is entitled to a jury trial. The legal standard of guilt for a DUII in Oregon is .08%BAC or other evidence of "impairment to a perceptible degree." Accordingly, even an individual whose BAC is less than .08% is at risk of being convicted of DUII.

One element in Oregon's DUII law that reduces the harshness for some individuals is the DUII Diversion Program. However, the requirements are stringent, and many do not qualify, or are disqualified from participation for various reasons. The most common device in use in Oregon for detection of DUII is the Intoxilizer 5000, and state law requires only a single blow into the machine.

Under Oregon's Implied Consent law, suspensions of 90 days or longer are issued at the time of arrest where the driver blows .08%BAC or in the case of a CDL driver .04%BAC, or in the case of a driver under 21, anything more than .00%BAC. The Oregon courts have upheld use of Horizontal Gaze Nystagmus and Drug Recognition Evaluators as scientific evidence. SFSTs are a "search" under Oregon law, mandating that the officer have probable cause or consent of the motorist.