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.
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