If you or someone you know is facing a third DUII conviction in Oregon, it’s extremely important that you consult with a criminal defense attorney as soon as possible. The consequences for a third DUII conviction in Oregon are far more serious than those for a first or second DUI conviction, and without good legal representation, those consequences can be even worse.
*Note: "DUI" stands for Driving Under the Influence, and is commonly used to refer of the offense of driving while impaired. "DUII" stands for Driving Under the Influence of Intoxicants. DUII is the term used in Oregon, in acordance with ORS 813.010. These terms are used interchangeably here.
Oregon 3rd DUII Laws
In Oregon, a third DUII (Driving Under the Influence) conviction is considered a serious crime with severe legal consequences. A first time DUII in Oregon is always a class A misdemeanor level offense. The same is true of a person's second DUII offense. However, if a person is charged with a DUII, and they were previously convicted for the crime of DUII twice within the previous 10 year period, then the current DUII offense will be charged as a class C felony. The penalties can include:
Time in Prison: The maximum sentence a person can received for a felony DUII conviction is 5 years in prison. There is a mandatory minimum of 90 days in jail.
Fines: Significant fines may be imposed. The minimum fine is $2,000 and the maximum fine is $125,000. Though the vast majority of defendants receive the minimum fine. There is also a mandatory $255 DUII conviction fee.
License Suspension: A third DUI conviction always leads to a lifetime driver's license revocation. It is not a "true lifetime" revocation, strictly speaking, as a person may petition the court to restore their driving privileges after 10 years without driving.
Alcohol/Drug Treatment: Participation in substance abuse treatment is mandatory.
Ignition Interlock Device: A person convicted of a third DUII, won't be doing any driving for at least 10 years. If, after the 10 years, the person's driving privileges are restored by the court, they will be required to use an ignition interlock device for a period of 5 years.
Probation or Post-Prison-Supervision (Parole): If prison time is imposed, meaning incarceration of 1 year or more, the defendant will be placed on Post-Prison-Supervision following their release from custody. If jail time is imposed, meaning incarceration for any amount of time less than a year, the defendant will be placed on probation. Both of these types of supervision include limitations on the defendant's liberty, including: no travelling outside the state without permission, random drug and alcohol testing, mandatory counseling, and more.
Is a Third DUII in Oregon Always A Felony?
No. It is important to note that not everyone facing their 3rd DUII will be charged with a felony level offense. As mentioned above, Oregon has a “look-back” period of 10 years, which means if someone has three DUII convictions within a 10-year period, the third offense is a felony. If the current DUII arrest is outside of the 10-year period, it is a misdemeanor level offense.
How is a 3rd DUII in Oregon different from a 1st or 2nd DUII?
In Oregon, a third DUI conviction is significantly more serious than a first or second DUI conviction and carries with it much harsher legal consequences. Here is a breakdown of how the penalties differ for each:
It is important to know that a first time DUII offender will most likely be eligible for the DUII Diversion Program. (See section below for eligibility information) If they are not eligible for diversion, the choice will usually be between taking a plea deal (being convicted) or going to trial.
1st DUI Offense: A first DUII offense is classified as a class A misdemeanor. The judge must sentence the driver to either 80 hours of community service or jail time. Jail time may be as minimal as 2 days or as severe as one year. Additional sentencing information:
Minimum fine of $1000 plus an additional $255 conviction fee
A fine of at least $2000 if your BAC was .15% or higher within two hours of driving
A maximum fine of $6250 in either case but can be raised to $10,000 if you had a passenger who was under 18 years old in your vehicle and you were at least 3 years older than that passenger.
If convicted of a DUI, you will be required to complete a screening interview to determine the best substance abuse program for you. The driver will be obligated to pay for the treatment program as well as a fee of $150 for the screening.
You may also be ordered by the court to attend a “victim impact” treatment session. The cost of which will be $50.
Use of an ignition interlock device.
A 1-year driver's license suspension.
Probation will be imposed, typically for a period of 2 years.
Eligibility for Diversion: If you have not been convicted of a DUI nor participated in court-ordered substance abuse treatment in the last 15 years, you will likely be eligible for the DUII Diversion program, which would allow you to avoid a criminal conviction. There are, however, other disqualifying factors, such as: having a CDL, if anyone other than yourself was injured as a result of the DUII, or if you had minor children in your vehicle at the time of the DUII arrest.
2nd DUI Offense: A second DUI offense is also classified as a misdemeanor, but is more serious than a first offense. The penalties include all of the same things for a first time DUII conviction, with the following additional potential consequences:
Jail Time: This varies greatly from one jurisdiction (court) to another. For example, a typical sentence in Washington County is 30 to 60 days. By comparison, a typical sentence is 15 to 30 days in Multnomah County.
Fines: The minimum fine for a second DUII conviction $1,500, plus a $255 DUII conviction fee.
License Suspension: A 2nd DUI results in a 3-year suspension of your driver’s license if the person was convicted of a DUII within the preceding 5 years. Otherwise, it is a 1-year suspension.
What to do if you have a 3rd DUI in Oregon?
Given the seriousness of third DUI offenses, it’s essential to immediately consult with an experienced DUI attorney. Here at Trotter Law, we will answer all of your questions in detail, help you identify possible legal defenses, and/or negotiate a plea. Give us a call today for a free consultation! We service Portland and surrounding areas.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
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