Many people facing a DUI charge are understandably concerned about how much jail time they are going to serve if they are convicted. The good news is that most first-offenders will likely be eligible for Oregon’s DUII Diversion Program. For more information on diversion eligibility, please see our dedicated page on Oregon’s DUI Diversion Eligibility.
The crime of DUI can be either a misdemeanor or a felony in Oregon. That means that incarceration can either take the form of jail time or prison time. Prison time is defined in Oregon as any length of incarceration together than one year. The majority of DUI cases filed in Oregon are misdemeanor cases, and therefore most jail sentences are under one year.
Jail Time for First Offense of DUI in Oregon
Typically, none. If you are eligible for diversion, there will likely be no additional jail imposed– other than what you may have served the night you were arrested. This is because there will be no DUI conviction for your first offense, provided that you successfully complete the diversion program.
Jail Time for Second Offense of DUI in Oregon
48 hours in jail or 80 hours of community work service. This is the statutory minimum under Oregon law, for a first conviction. Note: Most drivers will be eligible for diversion on their first DUI offense. Therefore we distinguish between offenses and convictions. For example, a second DUI can be a “second offense, first conviction.” However, a second DUI could also be a “second offense, second conviction.” This could happen if you weren’t eligible for diversion on the first incident. Perhaps it was in a different state. Also, if your last DUI was over fifteen years ago, a second DUI offense may essentially be considered a first offense because you may again be eligible for diversion.
Jail Time for Third Offense of DUI in Oregon
5 days jail to 90 days jail. Why such an extreme spread? Because the length of jail is going to vary considerably. It will depend on the timing of your priors, and the facts of the current case. A third offense for DUI in Oregon assumes that you likely took diversion for the first DUI. Therefore you must have had at least one additional DUI that resulted in a conviction.
Jail Time for Fourth Offense of DUI in Oregon
90 days jail to two-years prison. Again, why such an extreme spread? When you start getting into three DUI convictions in Oregon, you get into felony territory. The statutory minimum jail time for a third DUI conviction is 90 days in jail. This is due to Ballot Measure 73, which was passed in 2010. It makes DUI a class C felony if the defendant was previously convicted of DUI– or statutory counterpart in another state– at least twice in prior 10 years. In addition, ORS 813.010(5)(a) makes DUI an even more serious class C felony if the defendant was previously convicted of DUI– or statutory counterpart in another state– at least three times in prior 10 years. Therefore a driver looking at a third or fourth DUI conviction in Oregon can be subject either to the state’s mandatory minimums, or the felony sentencing guidelines used for felony sentences.
How Can I Avoid or Minimize the Jail Term for a DUI?
Work with an experienced DUI attorney. The attorney will be able to evaluate your case and determine whether the government has weaknesses in their case. This may help with either a dismissal or in plea negotiations. Also, a skilled attorney will be able to help put you in the best possible light to the prosecutor and Court (by getting you clean and sober, and documenting positive developments in your life and sobriety so that the Court may impose a lighter sentence).
One other important consideration is that DUI jail sentences will vary wildly from one county to another, and even from one city to another. There are 36 counties counties in Oregon, and there are also a handful of municipal courts that do things their own way. For a much better idea as to the amount of jail or prison you’re looking at, discuss your case with your attorney.