If you have been arrested for driving under the influence (DUI) in Portland, Oregon or one of the surrounding cities you should contact an experienced DUI attorney today. Everyone makes mistakes, and DUI is one of the most common criminal charges. Whether your case is one that can be resolved with a discrete plea or entry into diversion or one that requires an aggressively contested trial, we will use every tool at our disposal to protect your rights and minimize the impact of this charge on your life. If you have been charged with driving under the influence (DUI, DUII, DWI, or Drunk Driving) trust an experienced Portland DUI attorney to represent you. Call 503-946-3646 for a FREE Consultation.
DUI Law in Oregon
Driving under the influence (DUI), driving while intoxicated (DWI) or driving drunk are all common terms used to describe the charge of driving under the influence of intoxicants (DUII). In Oregon, DUII can be charged as either a misdemeanor or a felony.
Contrary to popular belief, DUI law does not require that you be drunk to be convicted of drunk driving. You can be convicted of DUI if the state can prove either that you were driving with:
- A blood alcohol concentration of .08 or greater;
- If you are impaired by alcohol, controlled substances or a combination of the two to a noticeable or perceptible degree.
Minimum penalties upon conviction include a drivers license suspension for at least 1 year, 48 hours in jail or 80 hours of community service, and fines ranging from $1000-$2000 depending on the circumstances of your case.
A misdemeanor DUI may become a felony if it is your third or subsequent conviction for DUI. A felony conviction carries increased penalties and jail time and results in a lifetime driver’s license revocation.
Likely outcomes upon conviction
First time DUI conviction
- 18-24 months of Enhanced Bench Probation;
- A one year driver’s license suspension;
- At least 48 hours in jail or 80 hours of community service;
- Court costs and fees totaling $400;
- A mandatory minimum fine of $1000-$2000;
- Prohibition from entering bars, taverns, liquor stores or any business whose primary source of income is derived from the sale of alcohol;
- Court ordered alcohol evaluation and treatment;
- Prohibition from consuming alcohol or use or possession of drugs;
- Attendance at a Victim’s Impact Panel
Second time DUI conviction
For a second time conviction, the mandatory minimum fine will be at least $1500, jail time is likely to increase, and the driver’s license suspension may be increased to 3 years.
Third or subsequent DUI conviction
A third conviction for DUI can now be a class C Felony in Oregon and you can face prison – not just local jail time. The maximum penalty for a class C Felony in Oregon is 5 years in prison and $125,000 in fines. The standard sentencing range will depend on your record. The minimum jail sanction upon conviction of felony DUI is 90 days in jail and could be 13-14 months in prison. A conviction for Felony DUI also results in a lifetime driver’s license revocation. If you are charged with a felony DUI you need to talk to an experienced attorney who understand the felony sentencing guidelines in order to get an accurate assessment of the potential penalties upon conviction.
Oregon DUI laws can be complicated and require special attention from a qualified and experienced criminal defense attorney. If you have been charged with a DUI in Oregon contact Anfuso Law, P.C. today. 503-946-3646
Anfuso Law, P.C. provides DUI defense and Portland DUI attorney services for Portland OR, Clackamas, Oregon City, Gresham, Hillsboro, and Beaverton.