While DUII allegations are relatively common, they’re still incredibly serious charges. This is especially true when multiple DUII offenses come into play. Understandably, repeat offenders face even harsher penalties that can have a severe impact on their financial state and their future as a whole. In today’s post, we’ll be talking about second DUII offenses and the consequences you may face if you are charged and convicted of a second DUII in Oregon.
If you fail your BAC test a second time…
Oregon drivers cannot have a blood alcohol concentration (or BAC) of .08% or above. If your BAC is recorded at this level during a breath, blood, or urine test, you will fail. A first failed test means a 90-day license suspension. But the second time this occurs (whether you have a previous DUII conviction on your record, went through a drug or alcohol program, or already had your driving privileges suspended under implied consent laws), the punishment is much more substantial. A second failed test can result in a one-year license suspension, as long as the current offense happened within five years of the first, among other criteria.
If you refuse to take a BAC test…
Normally, if you just refuse to take this test, your license will be suspended for a year. But, if you’ve refused before, or have previously been convicted of a DUII, or went through a DUII diversion program, refusing the test again will make things worse. In cases of a second offense, your refusal could result in a three-year license suspension.
When facing repeat DUII allegations, it’s important to contact a DUII attorney immediately. Consequences extend well beyond license suspensions. Here are just some of the other punishments you may face.
- Ignition Interlock Devices: If you are convicted of a second DUII, you will be required to install (at your own cost) and use an ignition interlock device in any vehicle you operate. This requirement applies for two years after the end date of your license suspension. Keep in mind that even if you don’t refuse the initial BAC test, a second DUII conviction will result in a three-year license suspension (if within 5 years). This means that your driving privileges will be impacted for at least five years.
- Fines: A second DUII conviction is considered a class A misdemeanor. This means that, at best, you may face a $1,500 to $6,250 fine. For offenders with higher BAC levels (0.15% or higher), the minimum fine is raised to $2,000.
- Jail Time: second DUII offenders are sentenced either to at least 48 hours in jail or 80 hours of community service. This is just the bare minimum. However, a judge may decide your crime or your criminal history justifies additional time.
- Substance Abuse Treatment: Second DUII offenders in Oregon will also have to complete a drug screening assessment and a treatment program for substance abuse. Treatment programs last a minimum of three months encompassing 12 to 20 hours of substance abuse education. A minimum program must be completed for driving privileges to eventually be reinstated.
- Victim Impact Panel: Oregon courts also require what’s called a DUII Victim Impact Panel. This one-time class (paid for by the offender) covers the serious consequences of DUII accidents, many of which prove fatal. While 10% of licensed drivers are under 21, these drivers are responsible for 17% of alcohol-related crash fatalities.
If you have faced alcohol-related charges in the past, you need a reputable DUII law firm on your side. For more information about our DUII law firm or our other areas of practice, contact us today.