Second Offense DUII in Oregon

Driving Under the Influence of Intoxicants, or DUII, is the legal term for the offense in Oregon. Suppose a person has been convicted of DUII once in the previous ten years and is apprehended for operating a vehicle with a blood alcohol content (BAC) of 0.08% or more, or while impaired by drugs, alcohol, or both. In that case, it is considered a second DUII offense.

A second DUII in Oregon generally results in more severe penalties, including longer license suspensions, mandatory jail time, and extended participation in treatment programs, as outlined in Oregon Revised Statutes, ORS 813.010 - ORS 813.020. Oregon's stringent stance on repeat DUII convictions and emphasis on public safety are reflected in these harsher penalties.

Is a 2nd DUII a Felony in Oregon?

According to ORS 813.010, a second DUII (Driving Under the Influence of Intoxicants) in Oregon is typically categorized as a Class A misdemeanor, assuming no aggravating circumstances exist. If the motorist has three or more DUII convictions in the previous ten years, including out-of-state equivalents, it may be upgraded to a Class C felony under ORS 813.011.

Although a second DUII by itself does not always constitute a felony, there may be harsher punishments if there is substantial property damage, death, or serious injury, or if the offender's blood alcohol content is abnormally high, suggesting a higher risk to public safety.

What is the Lookback Period for a Second DUII in Oregon?

In Oregon, there is a five-year lookback period for a second DUII (Driving Under the Influence of Intoxicants) conviction. Someone with a previous DUII conviction within five years of a new offense elevates the charge to a second offense. This can result in more severe penalties, including longer license suspensions and mandatory jail time. ORS 813.010 defines this time frame, and administrative rules go into additional depth. The lookback period, however, is extended to 10 years for felony classification under ORS 813.011, considering two or more prior convictions within that time. These laws demonstrate Oregon's commitment to enhancing public safety and preventing repeat offenses.

What are Aggravating Factors in a Second DUII?

In Oregon, aggravating factors associated with a second DUII (Driving Under the Influence of Intoxicants) crime can lead to harsher penalties, including lengthier jail time, greater fines, and extended license bans. Common exacerbating factors include:

• A Blood Alcohol Content (BAC) of at least 0.15%
• Child traveler younger than eighteen (18)
• Causing an accident that results in property damage or injuries
• Refusing to participate in a chemical test (as defined by ORS 813.095)
• Driving on a suspended or revoked license
• Open container of alcohol or drugs
• Reckless or excessive speeding

These elements demonstrate Oregon's strict approach to hazards to public safety posed by DUII.

What Happens If You Get a 2nd DUII in Oregon?

In Oregon, a second DUII could have the following repercussions:

• Class A misdemeanor (unless there have been three convictions within ten years, in which case it is a Class C felony).
• 80 hours of community service or between 48 hours and 1 year in jail.
• A fine of $1,500 to $6,250.
• Suspension of a driver's license for three years.
• Mandatory alcohol/drug treatment.
• For a minimum of one year, use an ignition interlock device.
• DMV sanctions, increased insurance costs, and a criminal record.

How Long Does a Second DUII Stay On Your Record in Oregon?

A second DUII (Driving Under the Influence of Intoxicants) conviction in Oregon is permanently recorded on your criminal record. Under state law, DUII convictions, whether first-time or subsequent offenses, cannot be expunged or set aside. This permanent record is accessible during background checks conducted by employers, landlords, and licensing boards, which can significantly affect housing applications, professional licensure, career opportunities, and personal reputation.

How Much Does a Second DUII Cost in Oregon?

According to ORS 813.010, the average fine for a second DUII offense in Oregon is between $1,500 and $6,250, not exceeding $10,000 as a maximum. The fine may be much greater if there are aggravating circumstances, such as a BAC of 0.15% or higher, accidents, or child passengers. Other expenses include:

• Increased insurance premiums and license reinstatement fees.
• Court costs range from $255 to $500.
• An alcohol examination costs $150.
• DUII diversion or treatment programs costing $1,000 or more.
• The installation and maintenance of ignition interlock devices cost between $70 and $100 monthly.

Chances of Going to Jail for a Second DUII In Oregon

A second DUII conviction in Oregon carries a mandatory minimum jail sentence of 48 hours. If charged as a misdemeanor, the maximum sentence can be up to 1 year. However, if there are aggravating factors—such as a high blood alcohol concentration (BAC), accidents that cause injury, or refusal to submit to a chemical test—the sentence can be significantly increased. If the offender has three or more prior convictions in the last ten years, the current offense may be classified as a felony. This classification can result in significantly longer jail sentences. Typically, the minimum mandatory jail term is 90 days, while the maximum sentence can reach up to five years.

Driver's License Suspension for a Second DUII In Oregon

According to ORS 813.400 and Schedule II of ORS 809.428, a driver's license in Oregon is suspended for three years after a second DUII conviction. This period can be prolonged if aggravating circumstances are present or the offender has multiple past convictions. After a required suspension term, usually 90 days, if a person is involved in a treatment program and did not resist a chemical test, they may apply for a hardship permit. Limited driving privileges are permitted under the hardship permit for necessary reasons such as employment, education, or medical treatment. Installation of an ignition interlock device and evidence of financial responsibility (SR-22 insurance) are further prerequisites for eligibility.

Ignition Interlock Device Requirement

After a second DUII conviction, Oregon mandates ignition interlock device (IID) installation for at least one year under ORS 813.602 and ORS 813.606. If the IID detects alcohol in the driver's breath, the car cannot be operated. All expenses, including installation ($75–$150), monthly monitoring ($70–$100), and removal fees ($50–$100), are the responsibility of the offenders. Suppose there are aggravating circumstances, such as a high blood alcohol content, refusal to test, or a history of DUII-related accidents. In that case, the court may decide to prolong the IID time.

DUII School and Substance Abuse Treatment

Under Oregon law, specifically ORS 813.020, individuals convicted of a second DUII (Driving Under the Influence of Intoxicants) must complete a screening interview with an Alcohol and Other Drug Screening Specialist (ADSS). Depending on the results, they will either enroll in a DUII Education program, which consists of at least 12 hours of instruction over four weeks covering topics like the effects of alcohol and drugs on driving, or a more intensive DUII Rehabilitation program that includes tailored therapy services. Completing these programs is necessary to restore a driver's license and fulfill court requirements.

Probation Conditions

In Oregon, probation is sometimes used in addition to jail time or in place of prolonged incarceration after a second DUII conviction. According to ORS 137.540, standard probationary terms usually consist of:

• Frequent (weekly or monthly) check-ins with a probation officer.
• Random testing and abstinence from alcohol and illegal drugs.
• Ignition Interlock Device (IID) installation and upkeep.
• Adherence to programs for DUII education or treatment.
• Participation in a panel on victim impact.
• Limits on travel that necessitate authorization to exit the state.
• Entry into restaurants that sell alcohol as their primary beverage is prohibited.
• Any new arrests or infractions should be reported right away.

Community Service Requirements

For a second DUII conviction in Oregon, courts may allow offenders to complete community service instead of serving the mandatory minimum jail term. This community service must consist of at least 80 hours and no more than 250 hours (according to ORS 813.020(2) and ORS 137.129(4)). The service could involve maintaining parks, cleaning roadways, or supporting community initiatives. It must be performed at an approved nonprofit or public organization. The court considers the offender's circumstances and compliance history when determining the specific assignment for community service.

Impact on Auto Insurance

In Oregon, a second DUII conviction can lead to a significant increase in auto insurance rates and may also result in the termination or non-renewal of the insurance policy. Under Oregon law, offenders are typically classified as high-risk drivers, rendering them ineligible for standard auto insurance coverage. The Oregon DMV requires individuals to file an SR-22 certificate for three years, which serves as proof of financial responsibility and is necessary to regain driving privileges. This filing signals an increased risk for insurers, often resulting in considerably higher costs or fewer coverage options.

Which Courts Handle DUII Cases in Oregon?

The severity and location of the incident determine who has jurisdiction over DUII (Driving Under the Influence of Intoxicants) cases in Oregon. Circuit Courts manage felony DUII cases, particularly those involving repeat offenses or aggravating circumstances, whereas Municipal and Justice Courts typically handle misdemeanor DUII cases.

Here is a list of important courts in Oregon that deal with DUII cases, along with their contact information:

Multnomah County Circuit Court (Portland)
1021 SW 4th Ave,
Portland,
OR 97204
Phone: (971) 274-0545
Website: Multnomah County Circuit Court

Lane County Circuit Court (Eugene)
125 E 8th Ave,
Eugene,
OR 97401
Phone: (541) 682-4020
Website: Lane County Circuit Court

Deschutes County Circuit Court (Bend)
1100 NW Bond St,
Bend,
OR 97703
Phone: (541) 388-5300
Website: Deschutes County Circuit Court

Jackson County Circuit Court (Medford)
100 S Oakdale Ave,
Medford,
OR 97501
Phone: (541) 776-7171
Website: Jackson County Circuit Court

Washington County Circuit Court (Hillsboro)
150 N 1st Ave,
Hillsboro,
OR 97124
Phone: (503) 846-8888
Website: Washington County Circuit Court

The Oregon Driver and Motor Vehicle Services (DMV) handles administrative matters related to DUII charges. This includes managing license suspensions and reinstatements and overseeing specific judicial processes. Under the Implied Consent Law, the DMV can suspend a driver's license without waiting for a court ruling.

Individuals should contact the DMV directly to obtain a hardship permit or to participate in administrative hearings regarding license suspensions. It is crucial to act quickly, as there are strict deadlines for requesting hearings or appeals.

Here is the contact information:

Oregon DMV
1905 Lana Ave NE
Salem,
OR 97314
DMV Hearings Case Management Unit: (503) 945-5545
General DMV Inquiries: (503) 945-5000

Can You Get a DUII on a Horse in Oregon?

No. Individuals who operate a "vehicle", as defined by law, refer to any device through which a person or property can be transported on a public highway, excluding machines powered solely by human effort. Therefore, those operating such vehicles in Oregon are subject to DUII legislation (ORS § 813.010). Riding a horse while intoxicated typically does not result in a DUII charge because horses are not classified as motor vehicles. However, authorities may issue citations for disorderly conduct, public intoxication, or animal abuse if public safety or the horse's welfare is at risk.