Committing a DUI offense in Oregon can lead to either a misdemeanor or a felony. That means that imprisonment can result in jail time or prison time. In Oregon, prison time is defined as any length of imprisonment commonly more than one year. Most DUI cases filed in Oregon are misdemeanor cases, so most jail sentences are shorter than one year.
If you’re facing your first, second, or third DUI offense in the state of Oregon, don’t hesitate to talk to a Portland DUI attorney. They should be able to help you get the best outcome from the situation even if things seem hopeless.
Jail for First DUI Offense in Oregon
If you’re a first-time DUI offender in Oregon you won’t get any jail time. If you’re eligible for diversion, there will be no further jail required, other than what you may have served the night you were arrested. There will be no DUI conviction for first-time offenders if you successfully complete the diversion program.
Jail Time for Second DUI Offenders in Oregon
You can expect 48 hours in jail or 80 hours of community work service. This is the statutory minimum required by Oregon law for first-time convictions. Most drivers are eligible for diversion on their first DUI offense.
A second DUI can be a “second offense, first conviction” but a second DUI could also be a “second offense, second conviction.” This could happen if you aren’t eligible for diversion on the first conviction. If your last DUI was more than fifteen years ago, a second DUI offense may be considered as your first offense because you may again be eligible for diversion.
Jail Time for Third DUI Offense DUI in Oregon
You can expect to get 5-90 days in jail. The extreme is big because the length of jail varies considerably. It depends on the timing of your previous and the details of the current case. Your third DUI offense in Oregon believes that you will take a diversion for the first DUI. You must have had at least one extra DUI that ended with a conviction.
Jail Time for Fourth-Time DUI Offender in Oregon
For a fourth-time offense in Oregon, you can expect to get 90 days to 2 years in prison. When you begin getting into three DUI convictions in this state, you are coming to the felony territory. The statutory minimum jail time for a third-time DUI conviction is 90 days in jail. This is because of Ballot Measure 73, which was passed in 2010. It makes DUI a class C felony if you were previously convicted of DUI.
ORS 813.010(5)(a) will DUI an even more serious class C felony if you were previously convicted of DUI (or was a statutory counterpart in another state at least three times in the past 10 years). So if you are looking at a third or fourth DUI conviction in Oregon you can be subject to the state’s mandatory minimums, or the felony sentencing guidelines used for felony sentences.
How to Avoid or Reduce the Jail for a DUI?
The first and most successful way to do this is to talk to a DUI attorney. They should be able to evaluate your case and see if the government has weaknesses in this case. Your DUI attorney may help you with a dismissal or with plea negotiations. A skilled lawyer should be able to help you present yourself in the best light to the prosecutor and court. They will document your positive development in your life and sobriety so the court may decide to go with a lighter sentence for you.
Also, consider that DUI jail sentences vary from one state to another, even from city to city. There are thirty-six counties in the state of Oregon, so there are a lot of municipal courts that will do things their way.
Discuss this with your attorney, ask them to explain things as clear as possible.
Contact Our Portland DUI Defense Lawyers
If you were recently arrested for driving under the influence, no matter which one was it (first, or third) you should consider hiring a DUI attorney as soon as possible. Our team at Trilogy Law Group has experience with various cases and we’ll do our best to review your case and stand by your side. It’s our interest to help you get the mildest sentences and penalties possible. We will schedule your first consultation and help you with everything.