A DUII charge in Oregon leads to several devastating consequences. Depending on the number of related convictions you have had in the past, penalties can range from license suspension to hefty fines and lengthy jail sentences. Find out about the potential consequences you could face if you were to be convicted of a DUII charge.
How Can Someone Get a DUII in Oregon?
In Oregon, it is illegal for motorists with a Class C permit to drive with a blood alcohol content (BAC) of .08% or more. For individuals with a commercial driver’s license, it is illegal to drive with a blood alcohol content of .04% or more. A person can be arrested for DUII when they are under the influence of alcohol, cannabis, controlled substances, and/or inhalants. According to the state’s DUII laws, a person who is “under the influence” is someone whose physical and mental abilities are impaired to a point where it is noticeable or perceptible.
Attempted DUII Convictions
In Oregon, it is possible for a motorist to commit an attempted DUII. A person with a BAC that is at or above .08% (or if they are under the influence of a controlled substance) can be convicted of an attempted DUII when they purposely take steps toward driving a vehicle.
It is also possible for a person to receive a DUII while operating a vehicle that is not a car, truck, or motorcycle. Oregon DUII laws define boats, bicycles, mopeds, scooters, and motorized wheelchairs as vehicles. Devices that are exclusively powered by humans—other than bicycles—are not bound by Oregon’s DUII laws.
DUII Penalties in Oregon
An individual who has a DUII charge can expect jailtime and expensive fines. They should also expect to have their license suspended. On top of everything, individuals charged with a DUIII will also have to use an Ignition Interlock Device (IID). These penalties get more and more severe depending on the offender’s prior convictions and how close together the previous charges occurred.
Consequences of a DUII Arrest
The first step in the DUII process is undergoing a lawful arrest. When a person is arrested for driving under the influence of alcohol or an illegal substance, they will typically face administrative penalties. These penalties are often regarding their driver’s license. Administrative consequences will stand even if the motorist isn’t convicted in a criminal court.
Consequences of a DUII Conviction
If a motorist is convicted of a DUII, criminal penalties will be added on top of any license-related consequences. These penalties intensify depending on the number of previous DUII offenses the person has.
1st DUII Offense
In addition to administrative penalties, the first-time DUII offender will face between 48 hours to one year in jail. A person may be mandated to complete 80 hours of community service instead. Fines range from $1,000 to $6,250. If the offender’s blood alcohol content is .15% or more, fines may start at $2,000. If the passenger is younger than 18 years of age and is at least 3 years younger than the driver, the offender may face fines as high as $10,000. First-time offenders will have their license suspended for one year and will require an Ignition Interlock Device in their vehicle for one year.
2nd DUII Offense
A person’s second DUII offense will cost them anywhere from $1,500 (or $2,000 if the motorist’s BAC is .15% or more) to $6,250. Fines can climb as high as $10,000 if the passenger is under 18 years of age and is at least 3 years younger than the driver. A second-time offender can face anywhere from 48 hours (or 80 hours of community service) to 1 year in jail. A person with a second DUII offense can expect their license to be suspended for 3 years, and they can also expect to have to use an IID in their vehicle for 2 years.
3rd DUII Offense
On a motorist’s third DUII offense, penalties will increase substantially. A third-time offender could face 90 days (if convicted of DUII at least twice in the past 10 years) to 5 years in jail. Fines begin at $2,000 if the driver is not facing imprisonment, and they can reach as high as $125,000 if the driver is convicted of a class C felony. A third-time offender’s license will be suspended permanently. However, after 10 years, the offender may petition the court to restore their license. IID use will be mandatory for 2 to 5 years—but this depends on the timing of prior convictions.
Penalties for Refusing a Chemical Test in Oregon
When a person is lawfully arrested for a DUII conviction, Oregon’s implied consent laws require all motorists to cooperate with a breath, blood, or urine test. If a driver refuses to take a chemical test, their license will be suspended for the following lengths of time:
- 1st offense: 1 year
- 2nd offense: 2 years
- 3rd offense: 3 years
The penalties for a second or third offense test refusal or failed test apply if within the past 5 years the motorist has:
- A DUII conviction
- Participated in a diversion or comparable alcohol/drug program
- A suspended license due to an implied consent violation
Further Consequences of Receiving a DUII in Oregon
In addition to jail time, expensive fees, mandated Ignition Interlock Devices, and a suspended license, a motorist can face several other penalties if they are convicted of driving under the influence of intoxicants. These penalties include the following:
- Completing a $150 screening assessment that determines the type of program the individual must complete
- Successfully completing a substance abuse treatment program
- Attending a mandated Victim Impact Panel (VIP); fees range from $5 to $50
- Potentially serving a probation period, which vary in type and length but typically don’t exceed 5 years
If you face a DUII conviction in Clackamas County, Oregon, you may find yourself tangled up in complicated DUII and implied consent laws. You may benefit from the advice of a skilled Clackamas County DUII lawyer who can help you navigate the process.