Is A DUI A Felony In Oregon?
The legal system is complicated. It's also a foreign process to most people, especially when it comes to DUIs in Oregon. Our Oregon DUI law firm will help you navigate through this process and ensure your rights are protected as you endure this tough situation.
Is a DUI a felony in Oregon?
One question that many people ask, maybe including yourself, is "is a DUI a felony" or if it's a misdemeanor. Yes, a DUI is a criminal offense. Whether or not it's a felony or misdemeanor depends on how many prior DUI convictions you've had. We'll explain this more below.
What is a DUI?
A DUI, (Driving while under the influence) is when you drive a motor vehicle under the influence of intoxicants. That includes alcohol, cannabis, a controlled substance, and or an inhalant. Some people ask what the difference is between a DWI, DUI, a DUII.
DWI vs DUI vs DUII
The acronyms are different, one means “Driving while intoxicated” (DWI) another means, “Driving under the influence” (DUI) the final one means “Driving under the influence of intoxicants” (DUII). There are different acronyms because different states have different acronyms for their DUI charges. But they all generally mean driving under the influence. In Oregon, the official criminal charge is actually known as a “DUII.”
The term “vehicle” in Oregon under its DUI law is broad and includes boats, bicycles, mopeds, scooters, and sometimes motorized wheelchairs. Typically, if you're driving in Oregon you cannot have .08% or more of Blood Alcohol Content, (BAC) in their blood while driving. However, if you're using a Commercial Driver’s License, (CDL), you can't have .04% or more of BAC.
“Under the influence” also means that you can't drive in a way that has your physical or mental facilities adversely affected. This means you can't appear to have a noticeable or perceptible degree from drug or alcohol use.
What is the difference between a felony and a misdemeanor?
The difference between a felony and a misdemeanor is the maximum fine and maximum amount of jail time you can face with each charge. A class A misdemeanor has a maximum punishable offense of up to 364 days in prison and a fine of up to $6,250.00 or both.
However, the fines and jail time under a class A misdemeanor for a DUI also vary depending on the amount of prior convictions you've committed in the past. This makes Oregon DUI class A misdemeanor charges unique among other misdemeanor offenses. Oregon has mandatory minimum fines and jail time based on how many DUIs you have had.
First DUI in Oregon
If you are arrested for a first-time DUI in the state of Oregon, meeting certain qualifications can make you eligible for the DUI Diversion Program. Diversion is an agreement made with the court that may allow you to avoid a conviction. Once Diversion is completed successfully, your DUI will be dismissed after 12 months. If you are eligible for diversion, you will likely serve no additional jail time other than the night you were arrested. You are only eligible for 1 DUI Diversion every 15 years.
If you have successfully completed the Oregon DUI Diversion program sometime in the past 15 years and you are arrested for another DUI, then you will be facing your first DUI conviction.
Difference Between a First DUI and First DUI Conviction in Oregon
Many people are under the misconception that there is no difference between your first DUI and your first DUI conviction. While a first-time DUI could potentially result in a first conviction, that isn’t the case most of the time.
Penalties and Consequences of First-Time DUI in Oregon
In the state of Oregon, there are mandatory minimum jail sentences and fines for a DUI. The fines and penalties increase depending on the prior number of convictions you have. Everyone convicted of an Oregon DUI faces license suspension. Your 1st offense will land you a 1-year suspension, 2nd offense 3 years, and 3rd offense results in permanent suspension.
Penalties and Consequences for First-Time DUI Conviction in Oregon
A first-time DUI conviction in Oregon will result in a minimum of 48 hours of jail time or 80 hours of community service. There will also be a minimum $1000 fine and a 1-year license suspension. This fine may be as high as $2000 to $6250 if your blood alcohol level (BAC) is .15% or higher. Depending on which county you are in when your eviction occurred, there will be a 12-36 month period of probation. This could mean either supervised or bench probation.
Criminal penalties for the first DUI offense in Oregon
If you plead guilty to your first DUI offense in Oregon, it requires a minimum of 48 hours of jail time or 80 hours of community service of jail-time. It also requires a minimum of $1,000 fine. If your BAC is .15% or more, then the minimum fine also goes up to $2,000 on the first offense. Also, if there's a passenger in your vehicle under 18 years of age and at least three years younger than the DUI driver, then the fine will be a minimum of $10,000.
License Suspension on a first DUI offense in Oregon
You may have your driver’s license revoked for 90 days to one year for driving under the influence. The department of licensing in Oregon can do this depending on your case. If you fail the breath test, your license will be revoked for at least 90 days. But, if you were driving a commercial vehicle with a CDL you would also face one year of a license suspension. The penalty jumps to three years if you are hauling hazardous material. If your license is suspended as a CDL, you cannot drive on it and can't get a CDL license until your driver's license suspension is over.
License Revoked
Your license revocation can include a separate proceeding from the criminal proceedings with the Oregon driver licence department or DMV. You have 10 days to request a hearing on the pending suspension of your driver's license, after notice from the driver’s license division. If not, you could face an automatic suspension. You could also face additional suspension time if you are convicted of the DUI in the criminal proceedings.
If you've been charged with a DUI, contact us for a free consultation immediately. We'll help you navigate the administrative part of your case as it relates to your driver’s license. We'll also help you know how much time you could be facing for suspension of your driver’s license based on your case.
License Suspension
You may also face a one-year license suspension if you refuse to submit to a breath, alcohol or urine test. The same is true if you fail to appear in a court case in Oregon or Washington. With Oregon license suspensions, they typically run consecutively. That means that if you have a suspension for one reason and one for another, you have to finish serving the first offense before the other offense can start. So one offense for a refusal and one offense for a conviction could possibly get your license suspended for two years.
A first refusal will get you a one-year license suspension as well as one year with an ignition interlock device on your vehicle. The interlock ignition device will only start your vehicle once you have submitted to something. This usually means a breathalyzer test to show your BAC is within legal limits.
In Oregon, you will also have to participate in drug and alcohol treatment and victim’s impact panels as well as with subsequent DUI offenses.
Criminal Penalties for the second DUI offense in Oregon
If you plead guilty to your second DUI offense in the past 10 years in Oregon, it is still a class A misdemeanor. You will face the same minimum and maximum amount as jail or community service time as your first offense. The minimum fine amount is different and is $1,500.00 or $2,000.00 if your BAC is .15% or more. The $10,000.00 fine also applies here with a passenger under 18 at at least three years younger than the driver.
License Suspension on a Second DUI offense in Oregon
You can face up to one year of a license suspension with the licensing division as well as an additional three years for a refusal to a breath, alcohol or urine test as well as two years with an ignition interlock device on your vehicle. Also, if you are driving a commercial driver and are using a CDL (Commercial driver’s license) on a second offense for a conviction, your license will be suspended for life in Oregon.
Also, if you were convicted of a DUI or similar charge in another state it would be important to contact an attorney quickly. You need to know if it will count as a second DUI offense. This can also include similar or lesser convictions in other states or within the State of Oregon. Depending on your charge, a lesser conviction could still be counted as a DUI. A good lawyer can answer these questions for you.
Criminal Penalties for your third DUI offense in Oregon
If you plead guilty to your third DUI offense in Oregon, this is when it changes to a felony instead of a misdemeanor. The charge changes from a class A misdemeanor to a Class C felony. This comes with a minimum of 90 days in jail if you plead guilty. If you've been convicted of two prior DUIs in the past 10 years, it includes up to five years in jail.
If you are not a U.S. citizen, a DUI conviction can also affect your immigration status. Your minimum fine amount will be $2,000. If there's no imprisonment involved it jumps to $125,000. Which is the maximum fine allowed under a class C misdemeanor.
Your license can also be suspended permanently with a chance to petition the court to have it restored after 10 years from the date of the conviction.
Oregon DUI Conclusion
Is a DUI a felony? That depends on how many previous DUI convictions you have. Your charges, penalties, and proceedings for a DUII in Oregon can be complex with the license hearings, the criminal proceedings and the requirements after a possible conviction. Our law firm is experienced in handling these proceedings to ensure the investigators did everything legally, including the basis for the stop, the determination on whether or not you were intoxicated and anything done subsequently thereafter. Contact us for a free consultation on your case today. We serve the entire Portland area including Beaverton and Hillsboro. We even serve as far out as Clackamas County.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
