Driving under the influence of intoxicants is a very common offense. However, it’s also very serious. If you’ve already been convicted of one DUII, and you get charged again, you need to seek legal advice. The penalties for second and subsequent convictions are more serious than the first. Without sound legal representation from a Portland DUI lawyer, the consequences can be even more severe.
When you have an experienced lawyer, they may be able to fight the charge or get you the least severe punishment. They’ll have the knowledge and skills to evaluate the state’s case against you and look for weaknesses. If there are technical aspects of the case they can question or legal loopholes they can exploit, they will use them to your advantage. When you learn the penalties for a second DUII conviction, you’ll see why sound legal representation from a Portland DUI lawyer is so important.
Possible Punishments for A Second DUI Conviction
Prosecutors and judges tend to pursue more serious punishments with each conviction. Not only is this set out in the law but society has little tolerance for drunk drivers. Motorists who are under the influence are not only a danger to themselves. They put the lives of other road users in jeopardy. If you had a previous DUI conviction, especially within the last five years, you could face:
- An automatic three-year driver’s license suspension
- Up to a year in county jail
- A minimum of $1,500 and a maximum of $6,250 in fines
- Substance abuse screening
- Victim impact panels
In addition to these penalties, you could face additional punishments if you were carrying a passenger under the age of 18. That person must be at least three years younger than you are. The maximum fine would be $10,000 in this case. People who are convicted of a second DUI often don’t get the option of community service in place of jail time. If your BAC was 0.15 percent or more, the minimum fine is $2,000. In most cases, you will have to spend at least 48 hours in jail or perform 80 hours of community service. This won’t be up to the judge’s discretion.
Administrative Penalties
Even if you don’t get convicted in the end, you’ll face administrative penalties as a consequence of your DUI charge. You shouldn’t rejoice if you avoid the harsh criminal penalties. Failing or refusing a blood alcohol test within five years of your first offense will result in a one-year license suspension. The same applies if it’s been five years since you participated in a DUII diversion program.
If the previous event was more than five years ago, your license will be suspended for 90 days. After this period, your Portland DUI attorney may be able to help you get a hardship permit. This would allow you to drive for limited purposes like going to work or going to the doctor. You would have to carry an ignition interlock device on your vehicle for two years after the suspension is lifted.
Penalties for A Third DUI Conviction
In the event that you get convicted of a third DUII, you can expect even harsher penalties. It’s important to know that a third DUII conviction within three years is a felony. This means the mandatory minimum is 90 days in jail. That’s the best-case scenario. Otherwise, you could spend time in prison rather than jail. You’ll also face a minimum fine of $2,000.
Furthermore, the Department of Motor Vehicles will revoke your driver’s license permanently. Even if the DUI is outside the ten-year window, your license will still be revoked for life. Three convictions automatically result in revocation, no matter how far apart they are.
Multiple DUI charges can change the course of your life. Convicts don’t only lose driving privileges and money. They lose relationships, careers, homes, and cars. You’ll need a skilled defense attorney to help you avoid or at least reduce these consequences.
Contact Trilogy Law Group Today to Discuss Your Case
DUII cases can get complicated, especially when you’ve recorded a previous conviction. If you want to get the best possible outcome, reach out to our DUI attorneys in Portland. We’ll analyze the facts, answer your questions, and come up with the most appropriate defense strategy. The knowledge and skill of your attorney can make a major difference in your case. Given how much a second DUI conviction can change your life, you need sound representation. Contact Trilogy Law Group today to schedule a consultation.
