If prosecutors charged you with multiple driving under the influence of intoxicants (DUII) offenses in Oregon, you could face severe penalties, including license suspensions, fines, and imprisonment. The severity of these penalties depends on the number of prior DUII convictions you have and the circumstances surrounding the latest charge.

Don’t let another DUII conviction ruin your life. Contact Attorney Hughes of The Hughes Companies for a consultation about your case with our experienced DUII defense attorney. We’ll review the charges filed against you and walk you through your legal options.

What Is Multiple DUII?

“Multiple DUII” happens when you get additional DUII charges after your first conviction. If a court convicted you of DUII in the past and prosecutors charged you with DUII again, the penalties you face for this second charge will be more severe if you are convicted.

Likewise, a third conviction comes with more severe penalties than a second conviction. Every charge after the third has the same potential penalties as the third. However, a judge may be more likely to sentence you to the maximum penalties available if you’re convicted of DUII more than three times.

DUII Charges vs. Convictions

When charged with a second or third DUII in Oregon, it’s important to remember that charges and convictions are not the same. Multiple DUII charges increase with the number of DUII convictions, not charges.

Why does this matter? Under certain circumstances, you may be eligible for a diversion program when charged with a DUII. If you are eligible, you must file a petition within 30 days of your first court appearance. And if the court accepts your petition, you will enter the diversion program instead of being convicted.

If you complete the diversion program, the courts will dismiss your DUII charge after 12 months. If prosecutors then charge you with another DUII in the future, this dismissed DUII charge will not count against you in terms of the penalties you face.

2nd DUII Conviction Penalties

Were you charged with a second DUII after a prior conviction? A second DUII conviction is a Class A Misdemeanor, which means you could face the following penalties:

If your blood alcohol concentration (BAC) is over 0.15%, the minimum fine is $2,000 instead of $1,500.

3rd DUII Conviction Penalties

Were you charged with a third or higher DUII after two or more prior convictions? You could face the following penalties:

  • Imprisonment for a minimum of 48 hours and a maximum of 364 days
  • Between 80 and 250 hours of community service
  • A minimum of 18 months of probation
  • A fine with a minimum amount of $2,000 and a maximum amount of $6,250
  • A lifetime license suspension
  • Mandatory attendance of a victim impact panel
  • Mandatory completion of all required drug or alcohol treatment programs

While some of these penalties look the same as for a second DUII conviction, a judge is more likely to impose higher penalties. For example, after your second DUII conviction, a judge may have sentenced you to 30 days of imprisonment. But after a third conviction, they may sentence you to 180 days of imprisonment.

Class C Felony DUII Convictions

If prosecutors charged you with a third or higher DUII and you have two or prior convictions within the past ten years, you will face a Class C Felony instead of a Class A Misdemeanor. Every DUII charge after a Class C Felony DUII conviction will also be for a Class C Felony. Class C Felonies come with increased penalties, including:

How a DUII Defense Attorney Can Help

After being charged with a DUII, regardless of whether you’ve been convicted of a DUII before, you should contact a DUII defense attorney. If you have no prior DUII convictions, an attorney may be able to get you into a diversion program so the court drops the charges.

And if you have prior convictions, an attorney can still assist you in fighting back against the charges or seeking lower penalties during sentencing.

One way your attorney can fight back against your charges is by contesting the validity of the BAC test results. According to Oregon law, police must test BAC levels within two hours of the alleged DUII event. If police waited longer than this to take a blood sample or have you use a breathalyzer, your attorney may be able to get the results thrown out.

Without this evidence, prosecutors are more likely to drop the charges against you. Field sobriety test results and police statements are not always enough to secure a conviction. And if conviction isn’t assured, it may not be worth the prosecutor’s time.

Additionally, your attorney could argue that the arresting officer failed to conduct the field sobriety tests correctly. Or, they could argue that the field sobriety test results do not show what the officers claim they do.

Bend, Oregon, DUII Defense Attorney

If police arrested you on suspicion of driving under the influence, you could be facing serious penalties if you already have prior DUII convictions. Contact DUII defense attorney Michael R. Hughes of The Hughes Companies for a consultation about your case. We’ll evaluate the charges you’re facing and work with you to develop a legal strategy that seeks the best outcome available.

Multiple DUII convictions can have a drastic impact on your life. Our team will assist you in fighting for your rights. Call now.