Will I Go To Jail?
Oregon law says that Driving Under the Influence of Intoxicants is a Class A misdemeanor. The maximum penalty is one year in county jail and a $5000 fine. DUII can be a considered a felony if you are convicted of four DUII offenses in a ten year period. If this happens, you will be sentenced to a minimum of 13 months in the State penitentiary.
Typically, though, in Oregon, if you are a first offender, you will be offered Diversion. Diversion is a program established by law that allows a person who is a first offender to avoid a conviction upon completion of certain requirements established by the court.
If you are convicted of a DUII in the State of Oregon, the minimum sentence that can be imposed is two days in the county jail or 80 hours of community service, a $1000 fine, and a one (typically) a one year drivers license suspension. Typically, county court judges will impose a jail sentence anywhere from 515 days of jail.
For second offenses the fine will be a minimum of $1500.
For a third offense the fine will be a minimum of $2000.
Obviously, the jail sentence imposed on a second or third offense will be significantly greater than the sentence imposed on a first offense. The only way to keep from being jailed is to fight your case and win.
Other Oregon Drunk Driving Defense FAQs
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Q:
What Happens After A Dui Arrest In Oregon?
A: Motor Vehicle Hearing: To preserve your right to drive in Oregon, you must request a hearing within 10 days after your license has been taken from you by an officer … More -
Q:
What Are My Rights?
A: You have the right to enter a plea of not guilty and have a trial either to the court or to a jury of six. You have a right to be represented by your attorney … More -
Q:
Can I Plea Bargain My Way Out Of A Dui?
A: In Oregon a DUII will never be pleabargained to a nonalcohol/controlled substance offense. The legislature has passed a law that makes such plea agreements … More -
Q:
If I Had A Prior Conviction For Dui Within 5 Years Of My Recent Dui Arrest, What Will Happen To My License If I Am Convicted?
A: The court will suspend your license for a period of three years. -
Q:
If I Had Three Serious Offenses Within 5 Years, What Will Become Of My License?
A: You will be deemed by the DMV as a habitual offender. Your license will be revoked for 5 years. -
Q:
For How Long Will I Have To Attend Alcohol Classes?
A: The alcohol classes typically mandated by the courts last twelve weeks. The court staff will evaluate you. If you have a significant problem with alcohol or drugs, you … More -
Q:
I Lost My Oregon License. May I Obtain A License In Another State.
A: In most cases, no. -
Q:
Am I A Bad Person, Because I Was Arrested For Dui?
A: No. Driving after drinking responsibly is not a crime in Oregon. It is legal to drive after drinking alcohol. However, you are well advised to never, never smell like … More -
Q:
What If I Burped Within Fifteen Minutes Of Blowing?
A: The breath machine may have read alcohol from your stomach rather than your lungs. The result will be incorrect. A similar problem occurs with dentures and people who … More -
Q:
What Can I Do To Save My License?
A: First and foremost, hire an experienced attorney. There are many factors to consider. Request a hearing and request the officer's presence. It will give you a preview … More
Liability for Over Serving Alcohol
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