By WILLIAM FRANCIS
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.
If there is a conviction on a first DUI and a blood alcohol content was .15 percent or more, the fine increases.
Penalties Increase for Second DUI ConvictionIf 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.
Felony DUI: 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 Grant 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.
By WILLIAM FRANCIS
If you were arrested for DUI, you know how it feels to be handcuffed, searched and transported to a detention facility. It's understandable you are concerned that a judge will sentence you to jail time.
If you enter a diversion program, no jail is ordered, provided you meet the requirements of the diversion program. If you are convicted of DUI, a judge is required by law to sentence you to a minimum of 48 hours in jail, but a typical jail sentence on a first conviction is 10 to 30 days.
The sentence on conviction of a second DUI generally is 45 to 90 days.
A third DUI may be charged as a felony and there is a mandatory 90-day sentence on conviction.
Oregon statutes provide that the maximum jail sentence for a DUI is one year.
However, practically no one goes to jail to serve their sentence.
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.
Applicants for home detention agree to wear an ankle bracelet that's worn continuously during the period of home detention. There's a $30 application fee and the cost of the program is $30 a day.
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.
However, the 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.
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.