We’re all excited to be able to go out and enjoy dinner and happy hours with friends again. However, if you end up having TOO much fun and drinking too much before getting behind the wheel of your vehicle, you can be facing driving under the influence of intoxicants (DUII) charges.
These can result in various penalties and hefty fines.
What Can Qualify As a DUII?
When we represent clients against DUII charges, one of the most common statements we hear is that they only had a couple of drinks and didn’t think they were impaired. To avoid facing DUII charges, it’s crucial to know what can result in charges.
In Oregon, “under the influence” is defined as having your mental or physical abilities affected to a “noticeable or perceptible degree” due to consuming drugs or alcohol.
You can violate the law if you have a blood alcohol content (BAC) of 0.08% or higher within two hours of driving. You can also face charges if your driving was impaired by the use of alcohol, a controlled substance, cannabis, psilocybin, or an inhalant.
DUII Penalties and Fees You Can Face
If you are arrested for DUII, it will result in numerous penalties and fines – even if it’s your first offense.
Your initial arrest will typically result in administrative fees – even before you head to court. If you are convicted in court, some of the penalties you can expect include:
- Jail time: If convicted, you could serve anywhere from 48 hours up to one year in jail. For a first offense, the Court will typically sentence you to serve a minimum of 48 hours in jail depending on the facts of the case. For your second offense, you could serve 30 days up to 1 year in jail. If it’s your third offense – and you’ve been convicted of at least two DUIIs in the past 10 years – you could face a mandatory minimum of 90 days to 5 years in jail.
- Fines: How much money your DUII will cost you can largely depend on the severity of your conviction. For your first or second offense, you may need to pay a minimum of $1,000, up to $6,250. The fine will depend on your BAC level. You can also face a much harsher fine – $10,000 – if you have a passenger in the vehicle who is under 18, and is at least three years younger than the driver. If you’re facing your third offense, you will pay a minimum of $2,000 and could face penalties of up to $125,000 if you’re convicted of a felony.
- License Suspension and Required Devices: For your first offense, you will lose your license for 1 year and will be required to use an Ignition Interlock Device (IID) for 12 months. For your second offense, you will face license suspension and be required to use an IID for 2 years. For your third offense, you may permanently lose your license and will need to use an IID for 2 to 5 years.
In addition to these fines, you will also be required to complete substance abuse treatment and undergo an assessment. This can add to your bill, as an assessment can be around $150, and you may also be responsible for paying for treatment.
You may also face several years of probation, depending on the severity of your offense.
Let Us Help You
If you are facing DUII charges, let our lawyers at The Law Offices of Alexzander C.J. Adams, P.C. help prepare you for what to expect and help you try to reduce your penalties. We work for you, the people, and not institutions. Contact us for a free case evaluation, or no-obligation consultation. We are dedicated to helping you overcome this small bump in the road and assisting you to get on with your life.
