What Happens When You Get a 2nd DUI in Oregon
Getting convicted of a 2nd DUI in Oregon could lead to serious penalties that include fines, license suspension, and possible jail time.
Written by Mary Cahill
Reviewed by Kathleen Flear
A 2nd
DUI conviction in Oregon
, also called a DUII (driving under the influence of intoxicants), is considered a misdemeanor charge and can result in 48 hours to one year of jail time, between $1,500 and $6,250 in fines, and a three-year license suspension. You’ll also see a significant increase in your Oregon car insurance costs
. What is a 2nd offense DUI in Oregon?
In Oregon, if you have a blood alcohol content (BAC) of 0.08% or higher within two hours of driving,
you can be arrested for DUI
. Keep in mind that the BAC limit of 0.08% applies to those who are 21 and over. If you’re under 21 you can be charged with a DUII if you operate a vehicle with a BAC of 0.01%. If you have a
commercial driver’s license (CDL)
, you can get a DUII with a BAC of 0.04%.Unfortunately, a DUII conviction will remain on your
Oregon driving record
for life. Even if your second DUII offense is decades after your first conviction, it will show up on your record as a second DUI. But, if you were arrested for a DUI but never actually convicted of the crime, it could be possible to have the record of the arrest hidden.
Key Takeaway If you drive in Oregon with a BAC of 0.08% or higher, you can be arrested for DUII. If convicted, the charge will stay on your record for life.
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What is the punishment for a 2nd DUI in Oregon?
If you’re charged with a 2nd DUII in Oregon, the penalties are understandably more serious than the first conviction. A single DUII conviction in Oregon carries a
driver’s license suspension
period lasting one year. When you get a 2nd DUII, the license suspension increases to three years. Under Oregon’s implied consent laws, you’re required to submit to a BAC test if a law enforcement officer requests you to do so. If you have a prior DUII conviction and you refuse a BAC test, it’s possible that you will still be hit with a three-year license suspension.
On top of the driving restriction, you’ll be looking at several criminal penalties as well—which also increase in severity if you are found guilty of a 2nd DUII in Oregon. These penalties include:
- 48 hours to one year of jail time, or 80 hours of community service
- $1,500 to $6,250 in fines (a minimum $2,00 fine if your BAC is .15% or over)
- Two to three years of probation
It’s also important to know that pleading to a lesser charge is not an option if you’ve been arrested for DUII in Oregon. However, if you’ve been charged with a DUII but not convicted, you may be eligible to participate in a diversion program that could possibly dismiss the charge altogether—although the arrest will still be on your record.
You could be a suitable candidate for the diversion program as long as:
- You have not been convicted of a felony DUII
- Your pending charge didn’t involve death or injury to another person
- You have not been convicted of a DUII in the past 15 years
- You do not hold a CDL license and were not operating a commercial vehicle at the time of your arrest
- You have no pending DUI charges in another state
There’s also a flip side to the situation: if there are aggravating factors tied to your arrest, you could face even higher penalties than those mentioned above if you’re convicted.
Here are some examples of common aggravating factors:
- Driving recklessly in Oregonin addition to being under the influence
- Being a minor at the time of your DUII arrest
- Refusing to submit a BAC test
- Having a BAC of 0.15% or higher
- Being in possession of illegal drugs or weapons at the time of the arrest
- Causing the death or injury of another person due to driving under the influence
Key Takeaway The penalties for a 2nd DUII in Oregon are heavier than they are for a first defense, and if aggravating factors are in play, the punishments could be even higher.
How much does a 2nd DUI in Oregon cost in the long run?
Being convicted of a second DUI is a heavy situation and the penalties can be life-altering. If you’re able to avoid serving jail time, you’ll still be subject to expensive fines and hardline restrictions that could have a long-term impact.
Here is a closer look at how much you can expect to pay for a 2nd DUI in Oregon.
Penalties, fees, and public service
The maximum monetary fee you’ll have to pay after a second DUII is $6,250. When you're looking at a fine of that magnitude, you should absolutely hire a lawyer. However, it comes at a cost.
Estimated legal fees for defense in a 2nd DUII case can range from $5,000 to $10,000.
If you’re eligible for the diversion program, it’ll cost you another $500 to enroll. You’ll also be required to complete 48 to 96 hours of public service after a 2nd DUII.
Alternative transportation
You can try to avoid driving entirely for the duration of your license suspension to avoid 2nd DUI-cost-related expenses, but that may not be entirely realistic. If you aren’t able to rely on family or friends to drive you where you need to go and public transportation isn’t an option where you live, paying for ride services can cost a lot over time.
Increased car insurance costs
When your suspension ends and you’ve had your
suspended license reinstated
, you’ll also need to carry SR-22 car insurance
for three years. SR-22 insurance is a requirement for high-risk drivers in Oregon. The price of your annual car insurance will also increase by at least 38% after your first DUII and up to 75% after your 2nd. And considering that the cost of
minimum coverage insurance in Oregon
is $1,481 per year with no DUII convictions, you’ll be looking at some seriously steep premiums. How to avoid jail time for a 2nd DUI in Oregon
A 2nd DUII in Oregon carries the penalty of at least 48 hours of jail time. But, there’s a chance you could perform 80 hours of community service instead of serving time in jail, depending on the circumstances surrounding your 2nd DUII arrest.
One of the most effective things you can do to avoid jail time for a 2nd DUI in Oregon is to hire a good defense attorney. As we mentioned, this will be costly, but a skilled lawyer will navigate the case far better than if you opt for a public defender or choose to represent yourself in court.
How to find affordable car insurance in Oregon after a 2nd DUI
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FAQs
Is a 2nd DUI a felony in Oregon?
No. A 2nd DUI in Oregon is a misdemeanor, but a third DUI conviction is considered a felony.
Will I have to go to jail for a 2nd DUI in Oregon?
Not necessarily. The circumstances of each DUI arrest are different, but you may be able to avoid mandatory jail time by performing 80 hours of community service instead.
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