The driving under the influence of intoxicants (DUII) laws in Oregon are among the strictest in the nation. The penalties for this crime vary depending on how many times the person has already been convicted of a DUII, as described below. However, each case is different, so consulting a criminal lawyer can help ensure that one’s rights are protected when charged with driving under the influence.
First DUII Offense
In Oregon, a DUII is defined as any person operating a motor vehicle with more than a .08 blood alcohol level, under the influence of a controlled substance or an inhalant, or any combination thereof. The first offense carries penalties of up to a year in jail or 80 hours of community service, a fine of up to $10,000, one-year driver’s license suspension, probation, attendance at a Victim Impact Panel, installation of interlock ignition device, drug and alcohol evaluation and treatment. Some first offenders may be eligible for a diversion program, which removes the DUII from the driving record after a year of complying with alcohol and drug classes and submitting to regular screenings, as well as paying the fee of $540. With an experienced DUII defense attorney on their side, individuals can have confidence when applying for the diversion program.
Second DUII Offense
Second DUII offenders receive up to a year in jail or corresponding period of community service, fines of up to $10,000; license suspension of one to three years; registration suspension of up to 120 days, probation, drug and alcohol evaluation and treatment, and attendance at a Victim Impact Panel. Also, vehicles are fitted with an ignition interlock system that does not allow the car to start if the driver has been drinking. Second offenders are not eligible for the diversion program.
Third DUII Offense
A third DUII offense carries mandatory jail time of 90 days to five years, registration suspension of up to 120 days, and the other penalties for earlier offenses. In addition, this offense carries permanent license suspension. If the other offenses were within 15+ years, this is a class C felony with fines of up to $125,000.
An individual charged with a DUII in Oregon should consult with a criminal lawyer to determine next steps.