Is a duii a felony in Oregon?

Is a DUII a Felony in Oregon?

In the state of Oregon, Driving Under the Influence of Intoxicants (DUII) is a serious offense that can lead to severe consequences. Many people wonder whether a DUII is a felony or not. In this article, we will explore the answer to this question and delve into the details of DUII laws in Oregon.

Direct Answer: Is a DUII a Felony in Oregon?

No, a standard DUII is not a felony in Oregon. According to Oregon Revised Statutes (ORS) 813.010, a DUII is a class C misdemeanor, punishable by up to 1 year in jail, a fine of up to $2,100, and license suspension.

What are the Consequences of a Standard DUII in Oregon?

Here are some key consequences of a standard DUII in Oregon:

• Jail time: Up to 1 year in jail
• Fine: Up to $2,100
• License suspension: Up to 1 year
• Community service: Up to 100 hours
• Probation: Up to 3 years

Enhanced DUII Penalties

However, there are circumstances under which a DUII can be elevated to a felony. If an individual is convicted of DUII and meets certain criteria, they can face more severe penalties, including felony charges. The following factors can enhance DUII penalties:

• Third or subsequent offense: If an individual is convicted of their third or subsequent DUII, they can face a felony charge
• Accident or injury: If a person is involved in an accident or causes injury while driving under the influence, they can face felony charges
• Child passenger: If a person is convicted of DUII with a child under the age of 18 in the vehicle, they can face enhanced penalties
• Repeat offenders: If an individual has a prior DUII conviction within the past 5 years, they can face enhanced penalties

Felony DUII Charges in Oregon

If a person is convicted of felony DUII, they can face the following penalties:

Defending Against a DUII Charge in Oregon

If you are facing a DUII charge in Oregon, it is essential to work with an experienced criminal defense attorney. A good attorney can help you understand the charges against you, gather evidence, and develop a strong defense strategy.

Key Defenses for DUII Charges

Here are some common defenses against DUII charges:

• Lack of probable cause: If the arresting officer did not have probable cause to stop or detain you, your attorney may argue that the arrest was unlawful
• Properly administered breath or blood test: If the breath or blood test was not properly administered, your attorney may argue that the results are unreliable
• Medical conditions: If you have a medical condition that could have affected the breath or blood test, your attorney may argue that it was a contributing factor
• Injury or accident: If you were involved in an accident or suffered an injury, your attorney may argue that you were not impaired

Conclusion

In conclusion, a standard DUII in Oregon is not a felony. However, there are circumstances under which a DUII can be elevated to a felony, resulting in more severe penalties. It is essential to understand the consequences of a DUII conviction and to work with an experienced criminal defense attorney to defend against the charges. By understanding the law and the potential penalties, you can make informed decisions and protect your rights.

Additional Resources

• Oregon Department of Transportation (ODOT): DUII Penalties and Consequences
• Oregon State Legislature: ORS 813.010 – Driving under the influence of intoxicants
• National Highway Traffic Safety Administration (NHTSA): DUII Information