Unlike other states, which often charge egregious examples of driving under the influence of intoxicants (DUII) as felonies, Oregon does not. Instead, Oregon defines a third DUII conviction within 10 years as a felony. 

Once that marker has been passed, any subsequent conviction is also a felony, no matter how long it occurs after the first three. 

Anyone charged with a felony DUII must serve mandatory jail time. That sentence can range anywhere from 90 days to five years. The court may also impose up to $125k in fines, and will permanently revoke the driver’s license. 

If you are at the point where another DUII conviction will label you a felon, it is time to take action. Attorney Michael R. Hughes is a seasoned criminal defense attorney who has experience defending Oregon residents against both alcohol and drug DUIIs

How is a Felony DUII Different from a Typical DUII? 

In Oregon, drunk or drugged driving is formally known as driving under the influence of intoxicants (DUII). But sometimes people call it drinking and driving, driving while intoxicated (DWI), driving under the influence (DUI), operating under the influence (OUI), operating while intoxicated (OWI), driving while ability impaired (DWAI), or a more colorful nickname. No matter what you call it. It is a serious offense. 

In Oregon, DUIIs are defined as Class A misdemeanor, with convictions resulting in:

  • Jail time
  • Probation
  • Community service; and
  • Mandatory drug and alcohol evaluation and treatment.

The court may also:

  • Order you not to drink alcohol, or use or possess drugs.
  • Take away your license.
  • Charge you court costs and fees on top of the mandatory fine.
  • Install an ignition interlock device on your vehicle. 
  • Require you to attend a victim impact panel where you hear from the families of those who were killed by impaired drivers. 

These penalties are often enhanced — even though the charge is still considered a misdemeanor — if the circumstances surrounding your arrest make the case an “aggravated DUII.” This includes cases where:

  • Your BAC was 0.15 percent or more;
  • You had a passenger in the vehicle who was younger than 18; or
  • You caused an accident resulting in bodily injury or death.

In other states these cases are often charged as felonies. Not in Oregon. In Oregon, a DUII is not a felony unless you have been previously convicted of a DUII at least two times in the 10 years prior to the date of the current offense. Or you have been convicted of felony DUII at any time in the past, no matter how long ago. 

It is important to note that under Oregon law prior convictions follow you around. You will be charged with a felony DUII even if your previous DUIIs were in another state. 

Penalties for Felony DUII in Oregon 

Knowing what is at risk if you are charged with a felony DUII can help you decide what your next steps should be. 

At a minimum, you will:

  • Permanently lose your drivers license,
  • Serve 90 days in jail,
  • Pay a $2,000 fine,
  • Serve probation,
  • Go through mandatory drug and/or alcohol evaluation and treatment, and
  • Attend a victim impact panel.

However, few people convicted of felony DUII get such a light sentence. It is therefore important to know what the maximum sentence may be. 

Instead of spending 90 days in jail and getting fined $2,000, someone convicted of a felony DUII may be sentenced to a maximum of five years in jail and be forced to pay up to $125,000 in fines. 

There’s a big difference between 90 days and five years, and $2K and $125K, yet many repeat offenders do not realize the risk they are taking by not doing all they can to fight the charges against them. Attorney Michael R. Hughes will make sure you understand what is at stake and what options you have as your case progresses. 

Collateral Consequences of a Felony Conviction 

Even if you are not worried about paying a large fine or spending time behind bars, you will have to face the collateral consequences of being labeled a felon. You may lose your voting or gun rights, have trouble getting a job or finding housing, or be denied government benefits simply because of your criminal history. If you are not a U.S. citizen, a DUII conviction can also affect your immigration status.

Rightly or wrongly, there is also a social stigma that attaches to a felony conviction. People who have known you for years may start to treat you differently. And new acquaintances may not want to get to know you if they discover your criminal record. 

A Different Kind Of Criminal Defense Attorney

If you are facing a felony DUII you are obviously familiar with Oregon’s criminal justice system. Don’t let your past experiences lull you into a false sense of security. There’s a big difference between the felony you are currently charged with and the misdemeanor sentences you have previously served. 

It is critical that you work with an experienced Oregon DUII defense attorney to fight the charges against you. Attorney Michael R. Hughes knows the ins and outs of Oregon’s DUII laws, and he is ready to help you put up a strong defense whether you are facing an alcohol or a drug DUII.

Thanks to his close study of the science of impairment, and his ability to identify errors made by law enforcement officials, Attorney Hughes can help you put up a strong defense no matter what evidence the government says it has against you. Please contact him today to discuss your case.