Third Offense DUI/DUII in Oregon
NOLO Driving Law Assistance
Enter the zip code where the incident took place to connect with a lawyer serving that area.
Oregon classifies driving under the influence of alcohol or drugs as Driving Under the Influence of Intoxicants (DUII). (The term can be used interchangeable with DUI.) A third DUI within 10 years in Oregon will result in stiff fines, jail time and a lengthy license suspension. (It's definitely something better not to have on your record.) Nevertheless, if you have actually been charged with a third offense, knowledge of the law may help you minimize some penalties.
If charged with a third DUII, your driver’s license may be permanently revoked. In such a case, there is no chance of reinstatement, and appeals against the ruling are rarely successful. If you are allowed a restricted license after your term, you have to drive with an ignition interlock device in place for a period of three years.
Some part of your sentence will involve serving jail-time or/and paying monetary fines. These may also include community service or compulsory attendance of alcohol rehabilitation programs. These are called criminal penalties and for DUI cases in Oregon include:
- A jail term that can last up to five years.
- There is a minimum $2,000 fine if the driver is not sentenced to jail time. If a minor aged three years or less from the driver was in the car at the time of the accident, this fine escalates to $10,000.
The Lookback period
The lookback period for a third offense DUI in Oregon is 10 years. This means that the court shall look back into your driving record for the past 10 years to take into account previous incidents involving drunk driving when deciding your sentence.
Felony vs. Misdemeanor in Oregon
A third DUI offense within 10 years is considered a class C felony in Oregon. If charges of injury or destruction of property are involved along with drunk driving, you should expect more severe penalties.
Every defendant may choose to plead guilty or not guilty to a third DUII charge. Oregon does not permit plea bargaining of DUII offenses.
Because a permanent loss of driving privileges is at stake (not to mention jail time), consider consulting an attorney before making any plea decisions regarding a third DUII offense in Oregon.