“Driving Under the Influence of Intoxicants (DUII)” convictions are relatively uniform throughout the state of Oregon. As a general rule, a DUII is a Class “A” Misdemeanor. The charge is enhanced to a felony if you have been convicted of drunk driving three times in the last 10 years.
Oregon DUI laws
If this is the first time you have been charged for DUI in the last 10 years you may be eligible for Diversion.
Maximum Penalty
The maximum penalty for DUII is one year in jail and a $6,250 fine.
Standard Conditions
While the standard conditions for a conviction for misdemeanor DUI vary in each county, the following is general guideline of the standard conditions imposed by the Courts and should not be interpreted as a guarantee of results. Ultimately, the sentence is always within the discretion of the sentencing judge.
Three years probation.
Conditions of probation will include the following:
Jail Time
The actual amount of jail time will depend on the county and the number of prior convictions the defendant has for drunk driving. There is a minimum 48 hours jail time imposed by statute for a DUII conviction or 80 hours community service.
Typical sentence:
| 1st Offense: | 2-10 days jail |
| 2nd Offense: | 10-30 days jail |
| 3rd Offense: | 30-120 days jail |
The Court may also consider the defendant’s criminal history, the level of intoxication or Blood Alcohol Concenstration (BAC) at the time of the offense, whether the incident involved an accident or injuries, reckless driving, and children in the vehicle in determining how much jail time will be required.
Suspension of Driving Privileges
- If, within the prior five years, the defendant has not been convicted of a DUI, then the license suspension period is for one year. There is a 30-day waiting period to apply for a hardship permit.
- If there has been a conviction for DUI in the last five years, the suspension is for three years. There is a 90-day waiting period for a hardship permit.
- A third conviction for a DUI will result in permanent revocation of the driver’s license. The defendant can apply to the court after 10 years for restoration of driving privileges.
Complete the Victims Impact Panel Class
A one-day class on the devastating results DUI accidents has had on the families of victims lost as a result of drug- and alcohol-related accidents. The price of the class is approximately $50.
Alcohol and or Drug Evaluation and Treatment
There is a $138 alcohol screening fee.
Fines and Fees
- 1st offense is $1000
- 2nd offense is $1500
- 3rd offense is $2000
- Statutory fee: $150
- Conviction fees: $130
Restitution
The court may impose restitution for any damage to person or property as part of a sentence.
Vehicle Impounded
A court may impound a vehicle of someone convicted for their 2nd offense of DUI
Ignition Interlock Device (IID)
As of January 1, 2008, a person convicted of DUI must install an IID in any vehicle they are going to operate. A first conviction requires the use of the device for one year after the end of the suspension period before becoming eligible for full reinstatement. A second conviction requires the use of the device for two years after the end of the suspension period. This device is also required for conviction related hardship permits as well.
- Obey all Laws. Any law violations during probation can result in jail time or other sanctions.
- Felony DUI Sentencing. A person commits the crime of Felony DUI if they have been convicted of three prior DUI offenses in the 10 years prior to the date of the current offense.
- Maximum Penalty. Felony DUI is a class “C” felony. The maximum penalty is 5 years in prison and a $100,000 fine.
Sentencing Guidelines
All felonies are subject to the Oregon Sentencing Guidelines. The sentencing guidelines are used to determine the sentence for felony convictions. It is a combination of a defendant’s criminal history and the legislature’s determination as to the crime seriousness of the offense. Felony DUI is a level “6″ offense on the guidelines grid. The minimum criminal history score for someone charged with felony DUI is a “D” because three prior DUI convictions are considered to be the equivalent of one person felony.
The Oregon Sentencing Guidelines consider person crimes more seriously for sentencing purposes, thus giving them a higher score. The presumptive sentence for a “6D” (the presumptive sentence for a felony DUI conviction with no other convictions but the three prior DUI’s) is 13-14 months in prison.
The Oregon Sentencing Guidelines require there be 2 years of Post Prison Supervision upon completion of a penitentiary sentence for a level “6″ offense
Original article located at: http://pfs2law.wordpress.com/2010/10/29/drunk-driving-penalties-in-oregon/
