The 2nd DUI in Oregon Law Guide: Penalties and What To Do

In the state of Oregon, a second DUI (Driving Under the Influence) offense carries significant legal consequences. Keep in mind, however, that a DUI arrest is not the same thing as a DUI conviction.  As Oregon DUI defense attorneys, we believe you are innocent until proven guilty. 

What are the 2nd DUI laws and penalties in Oregon? What is the difference between a 1st DUI offense and a 2nd DUI offense?  What about a 3rd DUI offense? What should you do if you are facing a second DUI offense? Here are the answers to these questions. If you need a DUI lawyer in the Portland area, we’re located in Beaverton and serve the entire area including Clackamas County and West Linn. Click the button below for a free legal consultation.

Oregon 2nd DUI Laws and Penalties

The penalties for a 2nd DUI in Oregon are more severe if the second offense occurs within a 5-year period from the first. Here are the key consequences for a second DUI conviction in Oregon:

1. Imprisonment:

• Mandatory minimum: At least 48 hours in jail.

• Maximum sentence: Up to 1 year in jail.

• For a second offense within 5 years of the first offense, you may face a minimum of 10 days in jail if your BAC (blood alcohol content) was 0.08% or higher, or a mandatory 48 hours if your BAC was lower.

• Aggravating Factors, such as a high BAC or accidents caused by your DUI can result in harsher sentences.

2. Fines:

• A second DUI conviction in Oregon carries a fine ranging from $1000 to $6,250.

• Additional costs may be involved, such as those for treatment programs or administrative fees. 

3. License Suspension:

• Your driver’s license will be suspended for 1 year for a second DUI offense within 5 years.

• You may be able to apply for a restricted license to drive to work, school, or treatment programs during your suspension period. 

4. Ignition Interlock Device (IID):

• After a second DUI conviction in Oregon, you may be required to install an ignition interlock device (IID) on your vehicle. This device requires you to pass a breathalyzer test before starting your vehicle. The IID is generally required for 1 year following a second DUI conviction. 

5. Alcohol and Drug Treatment: 

• You will more than likely be required to attend an alcohol and drug education or treatment program. The specific program length depends on the outcome of an assessment conducted by a treatment provider.

6. Probation:

• You may be placed on probation, which will include various conditions such as regular check-ins, treatment attendance, or avoiding alcohol-related offenses.

7. Felony DUI:

• If you have multiple DUI convictions in Oregon, or if your second DUI involves serious injury or death to another person, the offense could be classified as a felony. This is less common for a second DUI but can happen under certain circumstances, particularly with aggravated factors. 

8. Aggravating Factors: 

• If your BAC was 0.15% or higher or if there were aggravating factors (driving with a child passenger, causing injury, etc), the penalties can be significantly harsher. Penalties could also include a longer license suspension and more jail time.

9. Diversion Programs: 

• Oregon has a DUI diversion program, but it’s typically only available for first-time offenders. For your second DUI in Oregon, you will not be eligible for a diversion program.

 10. Other Possible Consequences: 

• If you were involved in an accident or have prior offenses, additional charges or civil lawsuits could be brought against you. Insurance premiums will likely rise significantly after your second DUI conviction.

How is a 2nd DUI in Oregon different from a 1st DUI?

A 2nd DUI offense in Oregon carries more severe penalties than a 1st DUI. Increased jail time, fines, and license revocation are a few. If you are convicted of a second DUI in Oregon, you will not be eligible for a DUI diversion program. This program is only available to first-time DUI offenders. If completed successfully, it can result in the dismissal of the charges and a conviction on your record. 

3rd DUI in Oregon

A third DUI offense in Oregon is treated very seriously and can result in significant consequences. These include:

• Increased Jail Time: Mandatory jail time is 90 days to 1 year.

• License Suspension: A third DUI conviction results in a permanent revocation of your driver’s license. The minimum period of revocation is 10 years, though it could be longer depending on the circumstances and whether you’ve had additional violations. 

• Fines: You can face fines ranging from $2000 to $7,500 or higher.

• Ignition Interlock Device: You will likely be required to install an ignition interlock device on any vehicle you drive during your license reinstatement process.

• Class C Felony Charge: Your third DUI offense will likely result in felony charges. If convicted, the long-lasting consequences include a criminal record that can impact your ability to get a job, housing, or loans.

What to do after 2nd DUI in Oregon

If you’ve been arrested for a second DUI in Oregon, it’s crucial to act quickly and thoughtfully in order to handle the personal, legal, and financial consequences you are facing. We recommend you immediately hire an experienced DUI attorney. Taking immediate action can help you mitigate some of the long-term consequences of a second DUI conviction. We at Powell Law can help you navigate the legal process, challenge evidence, or negotiate for reduced penalties. Give us a call today!

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.