Aggravating factors that can make a drunk driving charge a felony.
Oregon's DUII (driving under the influence of intoxicants) laws prohibit operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence of drugs or alcohol. Generally, a DUII conviction is a misdemeanor. But certain circumstances—such as having prior convictions—can elevate a DUII to a felony.
Here are some of the circumstances that can result in felony DUII charges in Oregon.
Third or Subsequent DUII Conviction Is a Felony
For a first or second DUII, the driver will typically be facing misdemeanor charges. But a third or subsequent DUII within a ten-year period is a felony.
A third or subsequent DUII within ten years is a class C felony. And, once a driver has been convicted of a felony DUII, all subsequent convictions will also be class C felonies.
Generally, anyone convicted of a felony DUII faces 90 days to five years in jail, up to $125,000 in fines, and permanent license revocation (though reinstatement is possible after ten years).
Felony Charges for DUIIs Involving Injuries and Deaths
A DUII involving an accident in which someone is injured is typically an assault in the third degree and a class B felony. A conviction generally carries up to five years in prison and a maximum $250,000 in fines.
Causing the death of another person while driving under the influence can lead to vehicular homicide or manslaughter charges. The specific offense classification and penalties depend on the specifics of the case. However, a convicted driver is generally looking at least a class B felony charge, 61 to 65 months in prison, and fines of up to $250,000.
