Second Offense DUI/DUII in Oregon

Potential penalties for a second DUI in Oregon are governed by Chapter 813 of the state’s statutes. These rules establish the fines, jail time and other penalties that can be imposed on a second time offender. The state refers to DUIs as driving under the influence of intoxicants (DUII) in their statutes. The two terms are interchangeable.

Plea Options

Oregon does not allow DUI offenders to enter into a plea agreement. This means that offenders must either plead guilty, after which the court prescribes their penalties and they are unable to appeal, or plead not guilty and proceed to trial. If, after a trial, a jury finds the offender guilty, they determine the penalties.

Misdemeanor vs. Felony

In Oregon, DUIs are a Class A misdemeanor. Like other states, a misdemeanor is one punishable by less than a year in jail. A felony is a crime punishable by a year or longer in prison.

Look Back Period

In a DUI case, a “look back” period is the length of time that a prior DUI conviction affects a subsequent one. Oregon law allows a court to consider DUIs occurring five or fewer years before the current DUI conviction. This means that if an offender was convicted of a DUI less than five years before his current conviction, his penalties will be more severe.

Criminal Penalties

An Oregon court can penalize a second time DUI offender by fining them a minimum of $1,500, ordering them to complete an alcohol treatment program, and sentencing them to 48 consecutive hours in jail. Permission to serve non-consecutive jail time must be supported by the evidence of the case, and the court must state the facts that support its decision on its final judgment. The court may also require an offender to attend a victim’s impact meeting or complete community service. It has discretion to decide the number of hours.

Administrative Punishments

An administrative punishment is one imposed by an agency other than the court. In Oregon, this agency is the state’s department of motor vehicles. The department can revoke a second time offender’s license for as long as three years, install an ignition interlock device on his vehicle for two years, and impound his vehicle for 90 days.

Getting Legal Advice

If you want to know the penalties for a second DUI in Oregon, seek the advice of an attorney. A lawyer will review the state’s laws and discuss with you which ones might apply to your case.