Oregon DUII Penalties

As a Bend DUI Lawyer, I’ve found there is a lot of confusion about what the criminal consequences and penalties are for DUII in Oregon. Please note, criminal DUI Penalties differ from a Department of Motor Vehicles, or DMV suspension of your driving privileges under Oregon Implied Consent Law. Driving Under the Influence of Intoxicants (DUII) in Oregon is either a misdemeanor crime or a felony crime. However, there is great confusion as to what the minimum penalties are for DUII and even great uncertainty about what a defendant can expect from DUII Convictions in Deschutes County and Bend Oregon DUII. Please refer to the following to answer questions regarding Oregon DUI penalties and consequences (ranges are only typical and are dependent upon a variety of factors):

First Time DUII Penalties – Offense (Diversion Eligible)

Generally speaking, Oregon DUI penalties for the first time a defendant charged with a DUII in Oregon, they will be eligible for the DUII Diversion Program. If not eligible, the individual will be subject to the penalties for a first-time DUII conviction.

First Time DUII Penalties – Conviction

  • Misdemeanor Oregon DUII offense;

  • Minimum of 2 days jail or 80 hours community service, and up to 1 year in jail maximum. Typical Deschutes County cases from Bend Oregon DUII range from 2 – 10 days jail depending on case specific factors;

  • 18+ months probation

  • One year license suspension (from criminal process)

  • Court fees of $255, or more;

  • Minimum fine of $1000; $2000 if BAC is 0.15% or greater; maximum fine of $6,250 ($10,000 if minor in vehicle;

  • Attend victim impact panel

  • Alcohol/drug evaluation

  • Complete any required alcohol/drug treatment

  • Other conditions as specified by the circuit court judge

Second Time DUII Penalties – Conviction

  • Misdemeanor Oregon DUII offense;

  • 18+ months probation; Typically between 24 and 36 months probation;

  • 2 days minimum jail; typical ranges for a second DUII conviction are greater, often 8-30+ days;

  • 1 to 3 year license suspension (3 years if second DUII conviction within 5 years);

  • Court fees of $255, or more;

  • Minimum fine of $1000; $2000 if BAC is 0.15% or greater; maximum fine of $6,250 ($10,000 if minor in vehicle);

  • Attend victim impact panel;

  • Obtain alcohol/drug evaluation;

  • Complete any required alcohol/drug treatment;

  • Other conditions as specified by the circuit court judge.

Third Time DUII Penalties – Misdemeanor Conviction (third or greater conviction)

  • Requirements:
    • No more than one prior DUII conviction within prior 10 years;
    • No prior felony DUII convictions.
  • Penalties:
    • Oregon DUII Misdemeanor conviction (Class A);
    • 18+ months probation;
    • 2 days minimum jail; typical ranges for a third DUII conviction is significantly higher, often 30 – 180 days jail;
    • lifetime license revocation;
    • Court fees of $255, or more;
    • Minimum fine of $2000; maximum fine of $6,250; $10,000 if minor in vehicle;
    • Attend victim impact panel;
    • Obtain alcohol/drug evaluation;
    • Complete any required alcohol/drug treatment;
    • Other conditions as specified by the circuit court judge.

Third Time DUII Penalties – Felony Conviction (third or greater conviction)

  • Requirements:
    • Two prior convictions or more within past 10 years; or
    • A prior felony DUII conviction.
  • Penalties:
    • Oregon Felony DUII conviction (Class C Felony);
    • 18+ months probation;
    • 90 days jail minimum (may face possible prison time); 5 years maximum prison term;
    • lifetime license revocation;
    • Court fees of $255, or more;
    • Minimum fine of $2000 if not subject to prison time; maximum fine of $125,000;
    • Attend victim impact panel;
    • Obtain alcohol/drug evaluation;
    • Complete any required alcohol/drug treatment;
    • Other conditions as specified by the circuit court judge.

Enhanced Oregon DUII Penalties

Aside from the statutory minimum and maximum consequences, actual DUII penalties will vary. Each DUII case is different. What may be imposed for one defendant, may be imposed differently for another defendant.

If you have been charged with a recent DUII in Central Oregon and need to speak with a qualified attorney, contact the Donahue Law Firm. Call today: 541-241-6657.