In Oregon, a person can be convicted of driving under the influence of intoxicants (DUII) for driving:
A person is considered "under the influence" when the person's "physical or mental facilities are adversely affected to a noticeable or perceptible degree."
When an offender is arrested for DUII, administrative (license related) penalties are normally imposed, even if there is ultimately no criminal conviction. And if the offender is convicted of a DUII in court, there are criminal penalties in addition to the administrative penalties already imposed.
This article discusses the administrative and criminal penalties associated with a second DUII in Oregon.
Generally, the Oregon Department of Motor Vehicles (DMV) will administratively suspend the license of any driver who is arrested for a DUII and fails or refuses to take a breath, blood, or urine test. A DUII conviction will also lead to license suspension as a "criminal penalty" as discussed below. (Get more information about administrative versus court suspensions.)
In most circumstances, a BAC of .08% or more is deemed a failed test. However, for a person who holds a commercial driver's license, a BAC of .04% or more is considered a failed test. The suspension for a failed test is one year if, within five years of the current offense, the offender was convicted of a DUII, participated in a DUII diversion or similar alcohol/drug program, or had driving privileges suspended under the implied consent law (for a failed test or refusal). The suspension is 90 days if the driver has no such events within the past five years.
If a motorist refuses to take a breath, blood, or urine test in violation of the state's implied consent laws within five years of a DUII conviction, DUII diversion (or similar program), or implied consent suspension, the DMV will suspend the motorist's driving privileges for three years. The suspension is one year if the driver has no such events within the past five years.
After completing a waiting period—of 30 days to a year, depending on the circumstances—the offender may apply for a "hardship permit." A hardship permit allows a person with a suspended license to drive to work, medical appointments, and drug/alcohol treatment.
For a second DUII conviction, the DMV requires installation and use of an ignition interlock device (IID) in any vehicle operated by the offender for two years after the ending date of the suspension.
Jail and fines. A second DUII is a class A misdemeanor. A conviction carries up to one year in the county jail and $1,500 to $6,250 in fines. However, if the offender's BAC was 0.15% or more, the minimum fine is $2,000. And if there was a passenger in the motor vehicle who was under 18 years old and at least three years younger than the driver, the court can impose a maximum fine of $10,000.
Judges must sentence DUII second offenders to serve at least 48 hours in jail or complete 80 hours of community service work. Any additional jail time and/or community service imposed beyond the minimum is in the trial judge's discretion. In deciding on jail time and community service, judges typically consider factors such as the timing of prior DUII offenses, criminal history, the offender's BAC and whether the offense involved an accident or injuries.
Probation. A second DUII offender typically serves a period of probation. Probation lengths vary but cannot exceed five years for a misdemeanor DUII. Fines, community service, treatment requirements, and other penalties may be imposed as conditions of probation.
License suspension. In addition to the administrative suspension discussed above, the judge must impose a three-year license suspension for second DUII conviction within a five-year period. To apply for a hardship permit, there's a 90-day waiting period, and the driver must provide proof of IID installation.
Substance abuse screening. All second DUII offenders must complete a screening assessment and a substance abuse treatment program. The screening assessment is $150 and determines the type of program the offender must complete. However, all treatment programs must include a minimum of four sessions over four weeks and 12 to 20 hours of substance abuse education. The offender is typically responsible for the costs of the assessment and the treatment program. The DMV will not reinstate an offender's driving privileges until proof of completion of a treatment program is provided.
Victim impact panels. The court also requires DUII offenders to attend a Victim Impact Panel (VIP). The VIP is a one-day class that covers the consequences of DUII accidents. The offender is usually responsible for the fee, which ranges from $5 to $50.
The DUII statutes and administrative rules in Oregon are complex, and the consequences of multiple DUII arrests and/or convictions can be severe. If you have been arrested for a DUII, you should consult a criminal defense attorney in your area to assist with your case.