In Oregon, state law prohibits the operation of a motor vehicle by a driver impaired by alcohol or drugs to a noticeable and perceptible degree. Even if you are at or below a .08 BAC, you are at risk of getting a DUII if you are impaired. Knowing when to contact a Clackamas County attorney is extremely important to your DUII defense.
Driving Under the Influence of Intoxicants is the term used in Oregon and can be complicated for people to understand. Consulting with an experienced Clackamas County attorney can help you understand what you need to know about your DUII charge.
Criminal DUII Penalty
When you are convicted of a DUII for the first time, the judge has to sentence you to either serve jail time (48 hours) or perform community service work (80 hours) at a minimum. For a first conviction, a jail sentence typically ranges from two to five days. The judge can decide to sentence you to community service in lieu of jail time, but it must not be less than 80 hours of community service. Often judges will not do this in Clackamas County without some sort of unusual or extraordinary circumstances.
The fines can end up significantly hurting your bank account, especially if you have made the mistake of committing a DUII for a second or third time. For the first conviction, not including a $255 conviction fee, the minimum fine is $1,000.
Keep in mind that if your blood alcohol concentration was .15% or more, the fine will be much higher.
DUII Diversion Program
If you are a first time offender of a DUII, you may qualify for Oregon’s DUII diversion program. Participants in the program are required to either enter a plea of no contest or guilty to the initial charge, under the law. Further, they are then required to complete an evaluation, treatment, and the Victim Impact Panel. There are many other obligations that are conditions of diversion. A person planning on entering the diversion program should always hire an experienced local attorney to make sure that they are well informed.
If you successfully complete the program within one year, your DUII case will be dismissed, with prejudice. Keep in mind that more time may be granted to complete everything, if more time is needed.