If you already have a DUI on your record, penalties get worse
If you get convicted for a second DUII, these penalties increase: These penalties can be increased if there are any aggravating factors involved in your first DUII arrest, such as if you were arrested with a blood alcohol content (BAC) at or above 0.15%, or if you were driving with someone under 18 years old, and at least three years younger than you were at the time of the arrest. Additionally, there are numerous other miscellaneous costs that accumulate quickly, such as the cost of installing and maintaining the Ignition Interlock device in your car, and the fees for the required substance abuse program.
|License Suspension||3 years|
|Ignition Interlock||2 years|
|Diversion Option?||Only if no convictions in last 15 years|
|Class of Crime||Misdemeanor|
|Jail Time||2 days – 1 year|
|Fine||$1,000 – $6,250|
|License Suspension||Ignition Interlock||Diversion Option?||Class of Crime||Jail Time||Fine|
|3 years||2 years||Only if no convictions in last 15 years||Misdemeanor||2 days – 1 year||$1,000 – $6,250|
These penalties are still subject to further increase, if there are aggravating factors. Additionally, the mark of being a “repeat offender” makes it impossible to participate in Oregon's diversion program, unless your prior conviction for DUII happened over 15 years ago. However, hardship permits are still obtainable for those who have been convicted of a second DUII: Getting a hardship permit allows you to drive to and from work, as well as to a limited amount of other destinations, before your license suspension period ends. To get a hardship permit in Oregon, however, you have to install an ignition interlock device in your car, first. Hardship permits can take the sting off of the mandatory three year license suspension.
Just like a first conviction, a second DUII conviction can greatly impact your life. Regardless of how experienced you have become with dealing with the legal process and penalties from your first arrest, losing your driving privileges and facing another substantial fine is a difficult thing to overcome.
There is generally no reason to not take a second-offense DUI case to trial, because the prosecutor is not permitted to plea bargain a DUI case.