Felony DUI in Oregon
In Oregon, a DUI is classified as either a Class A misdemeanor or a Class C felony. The criteria for DUI is the same in both instances, namely a BAC of .08 or above. The difference between charges is prior convictions. If you have been convicted of DUI in Oregon or another state at least twice in the last 10 years, you will be charged with a felony.
Unlike some other states, Oregon will not elevate misdemeanor DUI charges to a felony due to factors such as advanced BAC levels, damages, or passengers under 18. However, as with misdemeanor DUI convictions, these may increase the severity of punishment.
If your prior out-of-state DUI convictions were due to your being under 21 and your BAC was below .08, they will not count against you in Oregon as a prior conviction for felony consideration.
Penalties for Felony DUI Conviction
The penalties for having been convicted of a third DUI are severe. These include:
- 90 days of jail minimum, 5 years max
- Driving privileges revoke for life (may petition the court after 10 years)
- Typical two years of supervised probation
- Fines of at least $2000 up to $125,000
In addition to the above, you will have a felony conviction on your criminal record with the consequences that entails, harder to find employment, housing discrimination, etc.
Unlike some felony convictions, felony DUI convictions may never be expunged as it is classified a traffic offense.
There Are No “Deals”
In felony DUI cases, plea agreements are prohibited. Although classes and treatment may still be a benefit to you, they will not mitigate your sentence. You can either plead guilty or go to trial. Those are your only choices.
In either case, you need to talk to an experienced attorney. The stakes are too high to simply plead guilty without consulting with us first. If you decide to fight the charges, you’ll need someone you can trust with you in your corner.
On top of a DUI charge, other related charges may also accrue. Charges that accompany a felony DUI carry additional penalties. When stacked together these penalties can be staggering.
You can expect to be charged with reckless driving as it’s a fairly common adjunct to DUI charges but there are plenty of others. We see reckless endangerment, criminal mischief, aggravated assault and unfortunately vehicular manslaughter.
That’s why it’s important to gain the counsel of an exceptional criminal defense attorney. At Andy Green Law we’ll handle your whole criminal defense, not just the DUI charge.