What DUI charges mean in Oregon

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The section 813.010 of the Oregon Codes dictates the potential penalties for a second DUI offense. This type of charge is referred to as Driving under the Influence of Intoxicants (DUII) in Oregon although this term is used interchangeably with DUI. It is always advisable to get a DUI lawyer in Oregon in order to plead your case because of the seriousness of DUI Oregon first offense and DUI second offenses.

Option for plea

You will not be able to enter into a plea agreement if charged with a DUII offense in Oregon. You either must plead guilty and have the penalties applied by the court as per the code, or plead not guilty and proceed with trial. The penalties, in the latter case, will be imposed if found guilty after the trial. Once you go to trial, DUI attorneys in Oregon can help prove that you are not guilty.  

Misdemeanor vs. Felony

You will get a Class A misdemeanor if there is a second DUII offense within ten years of committing a DUI Oregon first offense. Misdemeanor is punishable by a less than one year in jail in Oregon and other states while you get a year of imprisonment or longer for a felony crime. Hiring DUI attorneys in Oregon who have dealt with felony or misdemeanor charges before is important to winning the case.

Look back period

The length of time a DUI conviction affects a subsequent one is termed as a “look back.” If you are convicted of a DUI within less than ten years of committing another DUI crime in Oregon -- namely a DUI Oregon first offense --, you get a heavier penalty in the second conviction. The look back period for DUI diversion is 15 years. You can seek help from a DUI lawyer in Oregon whether it is a first or second offense.

Criminal penalties

The minimum penalty fine for someone found guilty of a second DUI offense in Oregon is $15000, although you can be ordered to complete an alcohol treatment program, or get a 48 consecutive hours in jail. A DUI lawyer in Eugene Oregon can help you get the minimum punishment if not proving that you are not guilty since they have the experience needed. The court is required to state facts supporting its final decision to imprison the offender for 48 consecutive hours in jail and assess supporting evidence if an offender is to get permission to serve non-consecutive jail time. The offender may also be ordered to attend a victim’s impact meeting or complete a community service and use its discretion to decide how many hours the offender must do so.

Administrative punishments

The Oregon state department of motor vehicles can impose a punishment on a DUII offender, known as the administrative punishment. For instance, it can revoke your license for up to three years, install an ignition interlock device on your car for two years, and even impound the machine for 90 days.