Is DUI a Felony in Oregon?
Oregon is known for its relaxed attitude towards cannabis use, but when it comes to driving under the influence (DUI), the state takes a strict stance. While DUI is a serious offense in Oregon, it is not always considered a felony. In this article, we will explore the different types of DUI charges in Oregon, their penalties, and when DUI can be considered a felony.
What is DUI in Oregon?
DUI in Oregon is defined as driving a vehicle while impaired by alcohol, drugs, or a combination of both. The state’s implied consent law requires all drivers to submit to a blood, breath, or urine test if they are suspected of DUI. If you refuse to take a test or if the test reveals a blood alcohol content (BAC) of 0.08% or higher, you can be charged with DUI.
Types of DUI Charges in Oregon
Oregon has several types of DUI charges, each with its own penalties and consequences. The most common types of DUI charges are:
- DUII (Driving Under the Influence of Intoxicants): This is the most common type of DUI charge in Oregon. It is a Class C misdemeanor punishable by up to 30 days in jail, a fine of up to $1,000, and a 30-day license suspension.
- DUII with Reckless Driving: This charge is considered a more serious offense and is punishable by up to 1 year in jail, a fine of up to $6,250, and a 1-year license suspension.
- DUII with Injury: If someone is injured while you are driving under the influence, you can be charged with DUII with injury. This charge is punishable by up to 5 years in prison, a fine of up to $125,000, and a 3-year license suspension.
- DUII with Death: If someone dies while you are driving under the influence, you can be charged with DUII with death. This charge is punishable by up to 20 years in prison, a fine of up to $250,000, and a 3-year license suspension.
When is DUI a Felony in Oregon?
While DUI is typically considered a misdemeanor offense in Oregon, there are certain circumstances where it can be considered a felony. These circumstances include:
- Third DUII Conviction: If you have been convicted of DUII two or more times in the past 10 years, your third DUII conviction can be considered a felony. This charge is punishable by up to 5 years in prison, a fine of up to $125,000, and a 3-year license suspension.
- DUII with a Child Passenger: If you are driving under the influence and have a child under the age of 18 in the vehicle, you can be charged with DUII with a child passenger. This charge is punishable by up to 5 years in prison, a fine of up to $125,000, and a 3-year license suspension.
- DUII with a Prior Felony Conviction: If you have a prior felony conviction and are convicted of DUII, you can be charged with a felony. This charge is punishable by up to 10 years in prison, a fine of up to $250,000, and a 3-year license suspension.
Penalties for DUI in Oregon
The penalties for DUI in Oregon vary depending on the type of charge and your prior criminal history. Here are some of the penalties you may face if you are convicted of DUI in Oregon:
| Type of DUI | Penalties |
|---|---|
| DUII (Class C Misdemeanor) | Up to 30 days in jail, fine of up to $1,000, 30-day license suspension |
| DUII with Reckless Driving | Up to 1 year in jail, fine of up to $6,250, 1-year license suspension |
| DUII with Injury | Up to 5 years in prison, fine of up to $125,000, 3-year license suspension |
| DUII with Death | Up to 20 years in prison, fine of up to $250,000, 3-year license suspension |
| Third DUII Conviction | Up to 5 years in prison, fine of up to $125,000, 3-year license suspension |
| DUII with a Child Passenger | Up to 5 years in prison, fine of up to $125,000, 3-year license suspension |
| DUII with a Prior Felony Conviction | Up to 10 years in prison, fine of up to $250,000, 3-year license suspension |
Conclusion
DUI is a serious offense in Oregon, and the penalties for conviction can be severe. While DUI is typically considered a misdemeanor offense, there are certain circumstances where it can be considered a felony. It is important to understand the different types of DUI charges in Oregon and the penalties associated with each charge. If you are facing DUI charges, it is important to consult with an experienced criminal defense attorney who can help you navigate the legal process and minimize the consequences of your charges.
