DUI Conviction May Mean Jail
If you have not ben convicted of DUI or participated in a diversion program within the previous 15 years, these are the typical penalties for a first conviction of DUI:
A DUI charge is a Class A misdemeanor, which means conviction carries a possible sentence of up to a year in jail and a fine of $6,250. In practically all DUI cases, the sentence is much less extreme, with a standard two-day jail sentence and a fine of $1,000 for a first conviction.
In DUI cases where there has been a prior diversion or a conviction, there is no risk of additional jail time being ordered if a defendant decides to take the case to trial.
If there is a conviction on a first DUI and a blood alcohol content was .15 percent or more, the fine increases.
If you already have a DUI on your record, penalties increase for each subsequent conviction. These are the typical penalties for a second DUI conviction:
Like any other Class A misdemeanor, Oregon statutes provide that a first or second DUI conviction has a maximum penalty of up to one year in jail and a fine of $6,250.
The fact is, practically no one serves actual, hard, jail time on a misdemeanor DUI.
This is because the court and the community justice office, in cooperation with the sheriff's office, have a program in place that allows persons who have been sentenced to jail to serve their time at home.
When a defendant is sentenced, the court generally sets a date to report to the jail. But the court allows enough time to apply for home detention at the community justice office.
The home detention program lets persons who have been sentenced to jail to continue to go to work.
In the past, applicants for home detention agreed to wear an ankle bracelet continuously during the term of home detention. Monitoring is now done with an app. There's a $30 application fee and the cost of the program is $30 a day.
The Work Center
In some cases, a defendant opts to do jail time rather than home detention. Some elect to go to jail because they expect to be transferred to the Work Center in Talent, where they are housed in better conditions and given the chance to earn an early release in exchange for work.
Options get narrower with a third or subsequent DUI. A felony DUI conviction carries a minimum sentence of 90 days.
At this level, judges may be inclined to order a defendant remanded into custody immediately after conviction.
If a person is arrested for DUI with two prior DUI convictions, there is a high level of probability that the person will be indicted by a grand jury and charged with Felony DUI.
On conviction for Felony DUI, a judge is required to sentence a defendant under a law known as Measure 73.
The minimum sentences on conviction for Felony DUI is 60 days. Generally a fine and other court assessments will total $2,500 or more. Additionally, a third conviction for DUI will result in the following penalties:
If a third DUI is charged as a Class C felony, Oregon law provides that conviction on this offense carries a maximum penalty of up to five years in prison and a fine of $125,000. A minimum sentence of 90 days is generally imposed on conviction for a first felony conviction for DUI.
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