Your 3rd DUI in Oregon: Penalties & What To Do
A 3rd DUI in Oregon is a serious offense that carries life-altering consequences. Oregon’s strict DUI laws impose harsher penalties for repeat offenders, such as mandatory jail time, significant fines, and permanent revocation of driving privileges. Beyond the legal repercussions, a third conviction can impact your ability to secure employment, housing, and other opportunities.
If you’re facing your 3rd DUI in Oregon, what should you do? In our guide, we’ll explain the Oregon 3rd DUI laws as well as what you should do next for the best outcome. If you need a Portland DUI lawyer, we can help you. We’re based in Beaverton but we can help you anywhere in the area including Clackamas County, Hillsboro, West Linn, and more.
Oregon 3rd DUI Laws
In Oregon, driving while under the influence of intoxicants is a serious offense with escalating penalties. If convicted of your 3rd DUI in Oregon, you’ll be faced with jail time, loss of your driving rights, and fines ranging between $2,000 to $10,000.
According to ORS 813.010, you commit a crime of driving under the influence of intoxicants if:
You have a blood alcohol content level of .08 or higher while driving.
You’re under the influence of cannabis, psilocybin, an inhalant, or other controlled substances.
You’re under the influence of a combination of drugs and alcohol.
Two hours after driving a vehicle, you have a blood alcohol content level of .08 or higher without having consumed alcohol in the meantime.
Penalties for Third DUI
If convicted of your 3rd DUI in Oregon, you’ll be facing some severe penalties. The state takes a strict approach to repeat offenders to keep the roads safer. Here’s a breakdown of the penalties:
Minimum jail time of 90 days. However, judges may issue a stronger sentence that can include time in prison, depending on the circumstances around your case.
A minimum fine of $2,000, ranging up to $10,000.
Permanent revocation of your driver’s license. You may petition for reinstatement after 10 years, but only if you meet strict eligibility requirements and have maintained sobriety.
If your driving privileges are reinstated after the 10-year period, you may be required to install an ignition interlock device (IID) for a court-specified period.
Completion of a court-mandated drug or alcohol treatment program.
Given these severe penalties, it’s important to consult an experienced DUI attorney. They’ll help you understand your legal options and potentially minimize the consequences.
Is a 3rd DUI a Felony?
A 1st and 2nd DUI conviction are considered Class A Misdemeanors, but what about a 3rd DUI in Oregon? If the third conviction happens within 10 years of the first conviction, a third DUI is considered a Class C Felony. This is the lowest level of felony, but it can still impact your life significantly. You’ll have a permanent record, which can make it difficult to find housing and employment.
How It’s Different from Your 1st and 2nd DUI
A third DUI conviction in Oregon is significantly more severe that a first or second DUI. It has higher penalties and is typically classified as a Class C Felony rather than a Class A Misdemeanor. With your first or second conviction, you may be able to avoid jail time, but you’ll spend a mandatory minimum of 90 days in jail with your third conviction.
Another major difference is your driving privileges. With your first and second convictions, you’ll have a 1-year and 3-year suspension. However, with your 3rd, you will have your license revoked for life. You can petition for reinstatement after 10 years, but it’s not a guarantee.
2nd DUI in Oregon Penalties
Oregon uses a system of escalating penalties for DUIs, with some of the strictest laws in the country. The penalties for a 2nd DUI in Oregon are stronger than for your first conviction and include:
A minimum fine of $1,500.
A 3-year suspension of your driver’s license.
A jail sentence of between 48 hours and 1 year.
Mandatory installation of an IID device once your license suspension is up.
What to Do after a 3rd DUI in Oregon
Now that you understand the severity of a 3rd DUI in Oregon, you’re probably wondering what steps to take. First, you’ll want to consult an attorney right away. An experienced DUI defense attorney can review your case for any potential defense, such as improper police procedures or errors in BAC testing. They will negotiate with the prosecutors to reduce your charges or penalties, and guide you through the legal process.
Once you’ve consulted with a DUI attorney, such as Powell Law, you’ll want to follow these steps to improve the outcome of your case:
Attend all court hearings. You may face more penalties if you miss a hearing.
Be proactive by enrolling in a substance abuse evaluation or treatment program before your court date.
Work with your attorney to present any mitigating factors that could reduce your sentence.
Follow all court mandates regarding jail time, fees, participation in a treatment program, and installation of an IID.
Focus on recovery. The root cause of repeat DUIs for many people is addiction. Find an Alcoholics Anonymous or other support group. Counseling or therapy can help you handle underlying issues. Staying sober is critical for future petitions, like your license reinstatement.
For many people, a 3rd DUI in Oregon is a wake-up call. Although the penalties are severe, if you take accountability and make lasting changes, you can rebuild your life and avoid further complications.
3rd DUI in Oregon Conclusion
Oregon 3rd DUI laws are strict, with jail time, license revocation, and fines. If you’re facing your 3rd DUI in Oregon, you need an experienced DUI attorney at your side. At Powell Law, we’ll listen to your side of the story and provide you with guidance. We’ll negotiate with the prosecutors and fight for the best outcome for you in court if necessary. Contact us today for a consultation.
