Second Offense DUI/DUII in Oregon
Potential penalties for a second DUI in Oregon are governed by Section 813.010 of the Oregon Codes. Note, that in Oregon, a charge for driving under alcohol or drugs is referrred to as Driving under the Influence of Intoxicants (DUII). The terms DUII and DUI are interchangeable.
Oregon does not allow DUII offenders to enter into a plea agreement. This means that offenders must either plead guilty, after which the court prescribes their penalties and they are unable to appeal, or plead not guilty and proceed to trial. If, after a trial, a jury finds the offender guilty, penalties are imposed, as described below.
Misdemeanor vs. Felony
In Oregon, a second DUII (within 10 years) is a Class A misdemeanor. Like other states, a misdemeanor is one punishable by less than a year in jail. A felony is a crime punishable by a year or longer in prison.
Look Back Period
A “look back” period is the length of time that a prior DUI conviction affects a subsequent one. Oregon law allows a court to consider DUIs occurring 10 or fewer years before the current DUII conviction. This means that if an offender was convicted of a DUI less than ten years before his current conviction, his penalties will be more severe. For purposes of DUI diversion programs the lookback period is 15 years.
An Oregon court can penalize a second time DUI offender by fining them a minimum of $1,500, ordering them to complete an alcohol treatment program, and sentencing them to 48 consecutive hours in jail. Permission to serve non-consecutive jail time must be supported by the evidence of the case, and the court must state the facts that support its decision on its final judgment. The court may also require an offender to attend a victim’s impact meeting or complete community service. It has discretion to decide the number of hours.
An administrative punishment is one imposed by an agency other than the court. In Oregon, this agency is the state’s department of motor vehicles. The department can revoke a second time offender’s license for as long as three years, install an ignition interlock device on his vehicle for two years, and impound his vehicle for 90 days.
Getting Legal Advice
Because of the serious penalties connected with a second offense DUII, you may want to seek the advice of an attorney familiar with Oregon DUII laws.