Due to bad luck or bad decisions (and sometimes both), people can find themselves facing a second offense drunk driving charge (DUII) in Oregon.
There is no doubt that Oregon drunk driving patrols can be extremely aggressive. And it is very possible for the police to arrest someone on mild suspicion of drunk driving, whether or not the facts strongly support that conclusion.
Being arrested is not the same thing as being guilty. That’s why we have courts and judges. If the police were always correct anytime they arrest someone, courts and lawyers would not be necessary.
As Oregon DUII defense attorneys, we believe in innocent until proven guilty. You are absolutely innocent under the law until convicted.
Whatever happened, we can help you with this charge, and make sure your rights are protected and defended in court. A second offense drunk driving charge is a serious accusation, requiring a serious and dedicated lawyer on your side.
If you made a mistake, we know you might be ashamed and regretful going before the Oregon courts again. We understand and want to help.
And if you are being unfairly charged in a serious 2nd or 3rd offense case, you know you need a defense lawyer who will fight for you, and knows how to win. The stakes and penalties are much higher than with a 1st offense DUII charge.
We know that you don’t want to be in this situation and we want to make certain that the whole process is as painless as possible for you. Call us to discuss your DWI case today.
Oregon DWI Laws
You can be charged with DUII/DWI in Oregon if your blood alcohol content is greater than .08% or you are under the influence of any intoxicating liquor, controlled substance, inhalant, or any combination of those.
This means that a breathalyzer reading greater than .08% is not necessary for the prosecution to get a conviction in your case.
Penalties for Second Offense DUII in Oregon
DUII is typically a Class A misdemeanor in the state of Oregon. The fine you face is dependent on the number of prior convictions you have.
If this is your second offense you will face fines of $1500- $6250. If this is your third DUII you may be ordered to fines ranging from $2000 to $6250.
With any Class A misdemeanor DUII conviction the court has the option of sentencing you to up to 1 year in jail.
With misdemeanor DUII’s your license is typically suspended for a period of 1 or 3 years.
Oregon Felony DUII – 3rd Offense
What is typically a Class A misdemeanor charge can be elevated to a Class C felony if you have been convicted 3 or more times within the past 10 years. A Class C felony carries a potential prison term of up to 5 years and up to $125,000 in fines.
Felony DUI also results in a lifetime revocation of your driving privileges.
Ref: Or. Rev. Stat. §813.010
Is there a Diversion Program for a Second Offense DUII? (Alternate Sentencing)
In most circumstances, a second or subsequent DUII/DWI charge does not qualify for diversion in Oregon courts. However, if you have not participated in a diversion program within the last 10 years, you could qualify.
The best way to know if your case is eligible for diversion is to consult with an attorney.
Free Consultation on Second or Third Offense DUII in Oregon
Finding yourself before a judge again with another DWI/drunk driving charge can be quite humbling. You want to make certain you choose an attorney willing to aggressively defend you and work tirelessly for the best possible outcome.
Call us today to discuss your charges, and we’ll let you know how we can help get you through this difficult sitation as easily as possible. There’s no obligation.