DUI DWI Lawyer - Drunk Driving Attorney - Laws and Penalties Oregon
In Oregon alone, there are roughly 25,000 reported cases of convicted DUIs every year. Drunken driving penalties range from suspension and fines, to felony convictions. DUI laws in Oregon carry mandatory minimum sentences, and are strictly enforced state wide by law enforcement.
What is a DUI?
A DUI in Oregon is when the operator of a vehicle is suspected and found to be intoxicated while "behind the wheel". In order for law enforcement to conclude the driver is in fact intoxicated, there are simple field sobriety tests an officer of the law can use to determine intoxication. Once intoxication has been proved, a chemical test is followed.
A chemical test to determine BAC (blood alcohol concentration) is done through either testing breath, urine or blood samples. Most commonly, breath tests are utilized due to convenience and efficiency for on the spot testing. If other drugs are thought to be present, a more conclusive test of blood or urine will be ordered upon arrival to the closest local police station.
If the driver tests with a BAC of .08 or higher, the driver is recognized as legally intoxicated by the state of Oregon. If driving a commercial vehicle, a driver is legally intoxicated with a BAC of .04 or higher.
First DUI Conviction
The state of Oregon carries mandatory minimums for all DUI cases. However, Oregon is open to, and financially set up for rehabilitation for DUI offenders. Upon receiving a first DUI conviction, the likely hood of being assessed and sent to treatment is very high. This is Oregon's diversion program to keep offenders out of prison who have the chance for rehabilitation,
if a diversion program is offered; the DUI charge is usually dropped to a guilty plea for DUI - which is a misdemeanor. However, not always is the diversion program offered. Other likely outcomes include:
· Minimum of 48 hours of incarceration OR 80 hours of community service
· 1 year suspension of driver's license
· $1,000 fine minimum (also multiple assessment fees)
· Ignition Inter-lock device installed for 1 year after suspension
· Drug/ alcohol treatment
Second DUI Conviction
If convicted a second time of a DUI in Oregon, many of the difference programs offered are taken away as options for the offender. Rehabilitation is not seen fit in multiple DUI convictions. It is seen as too costly and time consuming for the state.
Possibilities of outcomes for a second conviction include:
· Minimum of 48 hours to 1 year in jail (if within 5 years of first conviction- up to 3 years incarceration)
· Up to 3 years suspension of driver's license
· $1,500 fine minimum (if BAC is above .15 a minimum $2,000 fine is enforced)
· Ignition Inter-lock device installed for 2 years after suspension
Third DUI Conviction
Receiving a third DUI in the state of Oregon carries very serious penalties.
· Minimum of 1 to 5 years incarceration
· Driver's license is revoked
· $2,000 fine minimum
All offenders, no matter the number of DUI convictions, are required to participate in the Victim Impact Panel Program.