If you are convinced of driving under the influence of intoxicants in Oregon it means that you had BAC of .08% or more or drove under the influence of alcohol, a controlled substance, and/or inhalant or cannabis. if it’s your second time as a DUII offender in Oregon, that’s bad news.
To be considered “under the influence” your physical or mental facilities should be unfavorably affected to a noticeable or perceptible degree.
DUII arrest leads to administrative penalties (license suspension) even if there isn’t a criminal conviction. If you are convicted of a DUII in court, you will face criminal and administrative penalties.
Let’s see the administrative and criminal penalties you can get as a second-time DUII offender in Oregon.
Administrative Penalties
A DUII conviction leads to suspension as a “criminal penalty”. The Oregon Department of Vehicles will suspend your license if you were arrested for driving under the influence of intoxicants, failed or refused a breathalyzer, blood, or urine test.
Although the legal limit is .08%, if the test shows this result, then you have failed the test. If you hold a commercial driver’s license, a BAC of .04% or more is a failed test. In this case, your license suspension will last for one year if, within five years of the current offense, you were convicted of a DUII, took part in a DUII diversion or related alcohol or drug program, or had driving privileges suspended under the implied consent law (for a failed test or refusal). The suspension will last 90 days if you had no such events within the past five years.
If you refuse to take a breath, blood, or urine test in violation of the state’s implied consent laws within the five years of DUII conviction or diversion (or similar program) or implied consent suspension, the DMV will suspend your license for three years. If you didn’t have such events in the past five years, your suspension will last one year.
Once the waiting period is over (30 to 365 days), you may apply for a “hardship permit” which will allow you to drive to work, doctor, or drug or alcohol treatment.
If this is a second-time DUII offender in Oregon, the DMV would require the installation of an ignition interlock device in any vehicle you drive in the next two years after the date of suspension.
Criminal Penalties
Second-time DUII offender in Oregon is considered having committed a class A misdemeanor. Here are the potential criminal penalties
- Jail and fines – Being arrested for DUII for the second time will bring you up to one year in the county jail and $1,500 to $6,250 in fines. If your BAC was 0.15% or higher, the minimum fine will cost you $2,000. In case there was a passenger in the vehicle and they were younger than eighteen years of age the court can require a maximum fine of $10,000. The judge must sentence a second-time DUII offender in Oregon to stay at least 48 hours in jail or complete 80 hours of community service work. The judge has the discretion to decide for additional jail time and/or community service. When the judge is deciding on your jail time, they would consider your prior DUII offenses, criminal history, BAC, and if you caused an accident with injuries.
- License suspension – If this is your second-time as a DUII offender in Oregon within 5 years, except that the judge will impose a three-year license suspension. You can apply for a hardship permit, but not earlier than the 90-day waiting period. You should also provide proof of IID installation.
- Probation – Any second-time DUII offender in Oregon usually serve a period of probation. The probation lengths vary but cannot be longer than 5 years for a misdemeanor DUII. During this time you can face fines, community service, treatment requirements, and other penalties.
- Substance abuse screening – You will have to complete a screening assessment ($150) and a substance abuse treatment program. The screening assessment will determine the type of program you should complete. All treatment programs include a minimum of four sessions within four weeks and 12 to 20 hours of substance abuse education. The costs are your responsibility. You can’t expect the DMV to restore your driving privileges until they get proof of the completion of a treatment program.
- Victim impact panels – The court will require from second-time DUII offenders to attend a Victim Impact Panel (VIP), which is a one-day class that covers the consequences of DUII accidents. The fees will be your responsibility.
Our team at Trilogy Law Group is here to offer you a free case review; call us and schedule.
