A second DUII in Oregon

Oregon leaves the second DUII where the first one was, as a Class A misdemeanor, and moves the mandatory number that is easiest to overlook: the minimum fine. It is $1,000 on a first conviction in a motor vehicle, $1,500 on a second, and $2,000 on a third or subsequent where no prison term is imposed — and a separate provision overrides all of those at $2,000 for anyone who drove with 0.15 percent or more by weight of alcohol, whether measured at the time or within two hours of driving without drinking in between. The felony is further away here than in most states. Driving under the influence becomes a Class C felony only when the current offence was committed in a motor vehicle and the person has three prior qualifying events in the ten years before it. What counts as a prior is wide: a DUII conviction in Oregon, its statutory counterpart in another jurisdiction, an out-of-state impaired-driving offence involving a vehicle, an aircraft or a boat, an out-of-state offence of driving above that jurisdiction’s limit, and juvenile adjudications for acts that would be those offences. An out-of-state conviction resting only on an under-21 driver being over a lower youth limit does not count.

Start from what the statute forces and what it leaves to the judge. The floor here is up to one year, the class a misdemeanor maximum. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

Class A misdemeanor: up to one year, the class a misdemeanor maximum, and a fine of a minimum of $1,500; a minimum of $2,000 at 0.15 or more. The range is set by Or. Rev. Stat. § 813.010(4), (5)(a), (6)(b)–(e), and the figures on this page come from the statute rather than from a summary of it.

Oregon pairs the device with a hardship permit. The permit is available once you are eligible for reinstatement, have a DUII treatment program to complete, and are required by law to fit an interlock on any vehicle you drive — and it only covers named purposes such as work, school, childcare and medical appointments. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Oregon DMV (Department of Transportation), with the court on diversion cases.