We’re sure you’ve heard of DUI convictions. In Oregon, you can be convicted of driving under the influence of intoxicants if you’re driving with a BAC of .08% or higher or while under the influence of alcohol, a controlled substance, inhalant, or cannabis.
You’ll be considered under the influence if your physical and mental facilities are affected to a perceptible or noticeable degree. If an officer pulls you over, you can expect to be arrested for DUI.
What can you expect if this is your third DUI arrest in Oregon? No matter what time it is, make sure you consult with an Oregon DUI attorney.
Oregon Department of Motor Vehicles will suspend your license once you get arrested for DUII ( if you fail a breathalyzer, blood or urine test, or refuse to take one). Expect the DUII conviction to lead to a license suspension as a “criminal penalty”.
The BAC of .08% or more means that you are above the legal limit, therefore, you have failed the test. If you have a commercial driver’s license, your BAC can be .04% or higher.
The suspension of your license will last for one year if, within five years of the current offense, you were convicted of a DUII, participated in a DUII diversion or similar alcohol or drug program.
If you had no such events in the past five years, your license will be suspended for 90 days only. If you refuse to take a breath, blood, or urine test within five years of a DUII conviction, DUII diversion (or similar program), or implied consent suspension, the DMV will suspend your driving privileges for three years. You can expect a suspension of one year if you had no such events within the past five years.
When it comes to DUII conviction fines, you’ll have to pay $650 if you refuse to take a breath or urine test. Once the entire waiting period (30 days to one year) is over, you may apply for a “hardship permit.” This hardship permit will let you drive to work, medical appointments, and drug/alcohol treatment.
Jail and fines
If this is your third DUII it would be considered a class C felony if you’ve been convicted of a DUII at least two times in the ten years before the date of the current offense. This is known as a “Measure 73 DUII,” and the court must convict you to a mandatory minimum of 90 days in jail. A class C felony brings a maximum sentence of five years in prison.
A third DUII can be considered a class A misdemeanor if at least one of the two prior DUII convictions didn’t happen within the ten-year period. A class A misdemeanor DUII brings up to one year in the county jail and a maximum fine of $6,250.
A judge will typically sentence third-time offenders to serve more jail time than the minimum.
The minimum fine is $2,000 if a third-time offender isn’t sentenced to a term of imprisonment or had a BAC of 0.15% or more. In case there was a passenger in the vehicle who was younger than 18 and at least three years younger than the driver, the court can force a maximum fine of $10,000.
If you were convicted of a third DUII within ten years, you will serve two years of supervised probation. You may be to pay fines, do community service, attend to treatment, and other penalties.
If you’re a third-time DUII offender, you can expect the judge to impose a permanent license revocation. You won’t be eligible to apply for a hardship permit. After ten years from the date of revocation, you may petition the court to restore your driving privileges.
Substance abuse screening
All third DUII offenders should complete a screening assessment and a substance abuse treatment program. The screening assessment costs $150. All treatment programs must include at least four sessions over four weeks and 12 to 20 hours of substance abuse education.
If you’re a third-time DUII convict, you’re in serious trouble. Not only you’re facing long prison time and high fines, but you’ll also face the risk of permanent driver’s license suspension. There is no dilemma that you should hire a DUI attorney as soon as possible. You have the right to a defense, so make sure your lawyer is a skilled and experienced one.
Trilogy Law Group would gladly stand by your side; our lawyers would do their best to help you.