Oregon DUII Penalties
As Bend DUI lawyers, we’ve found there is a lot of confusion about what the criminal consequences and penalties are for a DUII charge in Oregon. Please note, criminal DUII penalties, and Oregon driver license suspension penalties from DUII convictions 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 depending on the alleged facts.
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 let alone DUII in other counties like Crook County and Jefferson County. Please refer to the following to answer questions regarding Oregon DUII 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 DUII penalties for the first time a defendant is 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 $1,000; $2,000 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 Oregon driver license suspension:
- 1-year Oregon driver license suspension if MORE THAN 5 years from the last DUII conviction;
- 3-year driver license suspension/revocation IF the second DUII conviction is within 5 years of the first conviction. A 3-year suspension like this is NOT eligible for a hardship license.
- Court fees of $255, or more;
- Minimum fine of $1,000; $2,000 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;
- A lifetime license revocation is eligible for reinstatement after 10 years so long as certain criteria is met. For more information refer to our Oregon Driver License Restoration information page.
- Court fees of $255, or more;
- Minimum fine of $2,000; 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 the past 10 years; or
- A prior felony DUII conviction.
- Penalties:
- Oregon Felony DUII conviction (Class C Felony);
- 36+ months probation;
- 90 days jail minimum (may face possible prison time); 5 years maximum prison term;
- Lifetime license revocation;
- A lifetime license revocation is eligible for reinstatement after 10 years so long as certain criteria is met. For more information refer to our Oregon Driver License Restoration information page.
- Court fees of $255, or more;
- Minimum fine of $2,000 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 DUII attorney, contact the Donahue Law Firm.
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