Penalties for Multiple DUI Charges in Oregon
DUI Frequently Asked Questions
If you’ve had a DUI in Oregon previously and find yourself charged with another, it’s imperative that you contact an attorney. The consequences for subsequent charges are more severe than those for first-time offenders, and without professional assistance, they can be even worse.
What’s more, an experienced Portland DUI attorney may even be able to fight the charge or have the penalties minimized. A defense lawyer with expertise has the knowledge to evaluate the case that’s being brought against you and find pertinent issues that the prosecution may have overlooked.
In Oregon, the first time you are charged with a DUI does not mean it will be a 1st DUI conviction.This is because once every 15 years under certain circumstances you can file for a diversion. If the diversion is successful, the DUI charge is dismissed after 12 months, and there is no conviction. Many people who have successfully completed diversion in the past find themselves arrested again for a 2nd DUI. But since the 1st DUI was dismissed through diversion, this 2nd DUI arrest will actually wind up being your 1st DUI conviction, even though in reality it’s the second time you’ve been arrested for a DUI.
2nd and 3rd DUIs (plus multiple more) follow the same pattern. If your 1st DUI arrest was dismissed through diversion, and your 2nd DUI resulted in your 1st DUI conviction, your 3rd DUI arrest would potentially be your 2nd conviction, and so on.
It’s important to note that for each conviction, prosecutors and judges want progressively more serious punishments.
If you have a previous DUI conviction, your second DUI will result in steeper penalties—particularly if that conviction was less than 5 years ago. In such an instance, your driver’s license will be automatically suspended for three years. In the vast majority of cases, you will also receive more jail time (likely without the option of community service instead) and probation time. The absolute minimum fine is $1500, and fines can go much, much higher.
A third DUI conviction carries serious consequences. If it is your 3rd DUI conviction with 10 years it becomes a felony DUI. This means the mandatory minimum jail sentence is 90 days, and beyond that, you could actually receive a genuine prison sentence. The minimum fine is $2,000. Furthermore, the DMV will completely revoke your driver’s license— for the rest of your life.
Even if your 3rd DUI conviction is outside the 10-year felony window, your driver’s license will still be revoked for life. The law in Oregon is that 3 DUI convictions in a person’s lifetime is an automatic lifetime revocation of driving privileges. The 3 DUIs could be more than 30 years apart, but the lifetime revocation still applies.
As you can see, the consequences of multiple DUI charges can be life-altering. Beyond the mere inconvenience of being incarcerated, people often lose their careers, personal relationships, homes, and more as a result of multiple DUI convictions. You need the support and expertise of an experienced defense attorney to lessen or avoid these consequences, if possible.
Contact me today for a free initial consultation. I can walk you through the complicated DUI litigation process, answer any questions you may have, and help you understand your options. The legal system is complex and particularly unforgiving when it comes to DUIs. The more professional power you have behind you, the better.
Knowledge, strategy, and experience mean everything when it comes to fighting DUI convictions, and I have all three. Don’t delay— the earlier we’re apprised of the facts of your case, the sooner I can get started.
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There are many issues that can be challenged, including the breath test, the field sobriety test, probable cause for making the traffic stop and the handling of blood test results. Even police conduct at the scene can often be challenged for violation of your rights.
If this is your first underage DUI offense, one possible resolution is DUI diversion. If you successfully complete the year-long diversion program, the court will dismiss your DUI and you will not have a conviction on your record. As your lawyer, I will explain your options and shepherd you through the process.
For a free initial consultation, call or contact my Portland law firm online. I have helped numerous minors with their underage drinking charges.