Being charged with a driving under the influence of intoxicants (DUII) is a serious offense with serious repercussions, as we've discussed at length in a previous blog post. The entire experience can be overwhelming, confusing, and terrifying, not to mention costly -- a DUI conviction can cost $20,000 or more in some cases.
Unfortunately, breaking the law is not something that gets easier the more often you do it; if you're looking at your second DUII in Oregon, here's what you can expect and what you (and your criminal defense lawyer) should be prepared for.
Criminal Law: DUII
Oregon is one of the stricter states when it comes to DUII criminal charges. Even if you aren't convicted, you'll most likely be facing license-related penalties. If you are convicted, criminal penalties will be added on top.
- Administrative Penalties: If a blood alcohol (BAC) test is refused or failed within five years of the first offense or participation in a DUII diversion program, a second DUII offender will be have their license suspended for one year. If the last event occurred before the most recent five year period, their license will be suspended for 90 days. After this waiting period, the offender may apply for a "hardship permit," which allows restricted access to work, doctor's appointments, and treatment. With a second conviction, you'll also be required to install an ignition interlock device (IDD) for two years after the suspension has ended.
- Criminal Penalties: A second DUII is a class A misdemeanor, the most serious classification of misdemeanor charges in most states. The gravity of this charge requires a criminal defense lawyer through a DUII law firm; only their expertise and experience can save you from the costs and risks of jail time. Keep in mind that a conviction carries up to one year in county lockup and between $1,500 and $6,250 in fines. There are other details that can raise that cost even further, such as the presence of passengers and the BAC percentage, and judges must demand either 48 hours in jail or 80 hours of community service work, regardless. If you are convicted, you'll experience a three-year license suspension if this is your second offense within that five-year window.
When you add in probation, the discretion of your particular judge, and the severity of your specific crime, you'll be facing considerably more than just a slap on the wrist and a fine. If you're looking at your second DUII charge, trust a competent criminal defense lawyer -- and their qualified legal defense team -- to make sure you get the best deal possible.