Is a DUI a Felony in Oregon?
Oregon’s DUI laws are strict, and penalties can be severe. In Oregon, a DUI can be classified as either a misdemeanor or a felony, depending on the circumstances of the arrest and the driver’s previous record.
What Constitutes a Misdemeanor DUI in Oregon?
- A first-time DUI offender with a blood alcohol content (BAC) of 0.08% or higher, or a minor who has been driving under the influence (DUI) for the first time.
- A second-time DUI offender within a 10-year period, with a BAC of 0.15% or higher, or a minor who has been driving under the influence for the second time.
- A DUI offender who is charged with a second DUI while their first DUI case is still pending.
Punishments for Misdemeanor DUI in Oregon
- Jail time: Up to 1 year
- Fines: Up to $6,300
- License suspension: Up to 1 year
- Ignition interlock device: 5 years
- Mandatory DUII education: Yes
What Constitutes a Felony DUI in Oregon?
- A third-time DUI offender within a 10-year period, with a BAC of 0.15% or higher.
- A DUI offender who is charged with a fourth or subsequent DUI within a 10-year period, with a BAC of 0.15% or higher.
- A DUI offender who has caused a fatality while driving under the influence (DUI).
- A DUI offender who has committed a hit-and-run or vehicular assault while driving under the influence (DUI).
- A DUI offender who has a previous conviction for a felony crime.
Punishments for Felony DUI in Oregon
| Circumstances | Penalties |
|---|---|
| First-time felony DUI | 5-7 years imprisonment, $18,000 fine, 10-year license suspension |
| Second-time felony DUI | 7-10 years imprisonment, $30,000 fine, 10-year license suspension |
| Third-time or subsequent felony DUI | 10-20 years imprisonment, $40,000 fine, 10-year license suspension |
| Felony DUI causing a fatality | Up to 20 years imprisonment, $30,000 fine, 10-year license suspension |
Important Notes
- Ignition interlock devices: Are required for all misdemeanor DUI convictions and some felony DUI convictions.
- DUII education: Is a mandatory requirement for all misdemeanor DUI convictions.
- License suspension: Can be extended or shortened depending on the circumstances of the arrest and the offender’s compliance with court orders.
- Felony DUI enhancement: Can apply to subsequent DUI convictions within a 10-year period, which can increase the punishment and penalties.
Consequences of a DUI Conviction in Oregon
A DUI conviction in Oregon can have severe consequences on a person’s life, including:
- Employment consequences: A DUI conviction can affect a person’s job prospects, work schedule, and even their employment status.
- Financial consequences: DUI penalties can result in significant fines, legal fees, and increased insurance rates.
- Reputation and social consequences: A DUI conviction can damage a person’s reputation and relationships with family and friends.
- Long-term effects on driver’s license: A DUI conviction can lead to license suspension or revocation, making it difficult to commute to work or travel.
Conclusion
In conclusion, a DUI can be classified as either a misdemeanor or a felony in Oregon, depending on the circumstances of the arrest and the driver’s previous record. It is essential to understand the consequences of a DUI conviction, including penalties, fines, and potential consequences on a person’s life. If you or a loved one has been charged with a DUI in Oregon, it is crucial to seek legal representation to understand the charges and possible penalties.
