Last verified: March 2026

How Oregon's Cannabis DUII Law Works

Cannabis-impaired driving in Oregon is governed by ORS 813.010 (known as DUII — Driving Under the Influence of Intoxicants). Oregon is one of the states that uses an impairment-based standard rather than a per se THC blood limit. This means:

• There is no specific nanogram-per-milliliter threshold for THC in blood
• A conviction requires proof that the driver's faculties were actually impaired
• Evidence of impairment includes field sobriety test performance, officer observations, driving behavior, and Drug Recognition Expert (DRE) evaluations

The impairment-based approach is considered more scientifically sound than a per se limit, because THC blood levels do not correlate with impairment as reliably as blood alcohol concentration does. However, it also gives significant weight to subjective officer observations and DRE assessments.

A person commits the offense of driving under the influence of intoxicants if the person drives a vehicle while the person is under the influence of intoxicating liquor, cannabis, a controlled substance or an inhalant.

ORS 813.010 — Driving Under the Influence of Intoxicants

DUII Penalty Chart

Oregon's DUII penalties escalate significantly with each offense, and include two unique provisions: no plea bargaining and no expungement.

First Offense (Class A Misdemeanor)

Second Offense Within 10 Years (Class A Misdemeanor)

Third Offense Within 10 Years (Class C Felony)

No Plea Bargaining

Oregon is one of the few states that prohibits plea bargaining in DUII cases. Under ORS 813.170, prosecutors cannot reduce a DUII charge to a lesser offense as part of a plea agreement. If you are charged with DUII, the case goes to trial or you plead guilty to the full charge — there is no middle ground.

This is a critical distinction from most states, where DUI charges are routinely plea-bargained down to reckless driving or other lesser offenses. In Oregon, what you're charged with is what you face.

DUII Convictions Cannot Be Expunged

Unlike many other criminal convictions in Oregon, DUII convictions are permanently excluded from the state's expungement statute (ORS 137.225). This means:

• A DUII conviction remains on your criminal record for life
• It will appear on every background check, forever
• There is no waiting period, no petition process, and no governor's pardon mechanism specific to DUII
• This applies to both misdemeanor and felony DUII convictions

Drug Recognition Experts (DREs)

Because Oregon has no per se THC limit, cannabis DUI enforcement relies heavily on Drug Recognition Experts (DREs) — officers specially trained in a 12-step evaluation process to identify drug impairment. However, Oregon has fewer than 200 certified DREs statewide, which creates significant enforcement challenges:

• In rural areas, a DRE may not be available at the time of a traffic stop
• Without a DRE evaluation, officers rely on standard field sobriety tests, which were designed for alcohol impairment
• DRE testimony can be challenged in court, though Oregon courts have generally upheld it

The 12-step DRE evaluation includes vital signs assessment, eye examination (pupil size, reaction to light), muscle tone assessment, divided attention tests, and a toxicological examination.

Implied Consent

By operating a vehicle in Oregon, you implicitly consent to chemical testing (blood, breath, or urine) if an officer has reasonable grounds to believe you are impaired. Under ORS 813.100, refusing a test triggers:

• Automatic license suspension for at least 1 year (first refusal)
• The refusal can be used as evidence against you in court
• A warrant for a forced blood draw may be obtained

Open Container Rules

Cannabis in vehicles must be transported in a sealed, child-resistant container. It should be stored in the trunk or a compartment not accessible to the driver or passengers. An open container of cannabis in the passenger area — including an unsealed package from a dispensary — can trigger an investigation and serve as evidence of impairment.

Practical Tips for Cannabis Users

• Do not drive after consuming. Oregon's impairment-based standard means any sign of impairment can lead to arrest, and you cannot plea bargain the charge away.
• Wait before driving. Smoking/vaping impairment typically peaks within 15–30 minutes and can last 2–4 hours. Edible impairment can last 6–8 hours or longer.
• Store cannabis properly. Keep it in the original sealed dispensary packaging in the trunk or a locked compartment.
• Use alternatives. Portland, Eugene, and Bend have rideshare services. In smaller communities, plan sober transportation in advance.
• Remember: no expungement. A DUII conviction in Oregon follows you permanently. There is no path to clearing it from your record.

For more on how cannabis affects driving ability, see Driving & Impairment on TryCannabis.org.

Official Sources

• ORS 813.010 — Driving Under the Influence of Intoxicants
• ORS 813.170 — Prohibition on Plea Bargaining
• ORS 813.100 — Implied Consent