A DUI can be a felony, but only if it is your third DUI conviction. Even a DUI charge is potentially your third conviction, it will only be a felony conviction if your two previous DUI convictions occurred within the past 10 years. If you have a previous felony DUI conviction, all subsequent convictions will also be a felony convictions regardless of the duration since the last conviction. All lesser DUI convictions are misdemeanor crimes that carry much less severe penalties.
A felony DUI has significantly worse consequences than a misdemeanor DUI, which makes it very important to have an experienced felony DUI attorney representing you. Attorney Henry LeSueur represents people charged with felony DUIs and has significant trial experience that can help protect you from the horrible consequences of a felony DUI conviction. Felony DUI cases will often go to trial because there can be little to gain by accepting a plea deal. Attorney LeSueur knows how to look for any holes in the prosecution’s case that could help you win even the toughest cases.
Because a felony DUI will be your third DUI conviction that means your driver’s license will be revoked for life, however, you can apply for reinstatement after 10 years. In addition, Oregon Law requires someone convicted of a felony DUI to serve at least 90 days in jail. Sentences can increase dramatically from there, however, and prison time is not off the table either, which would be one year or more of incarceration. Even if your third DUI conviction is not a felony DUI you could still face 90 days in jail, although some counties will allow less.
In addition, people convicted of a felony DUI will have to pay fines not less than $2,000, will have to undergo an alcohol treatment, evaluation, remain sober for a long period of time, and be on probation that can last from 3-5 years. In summary, here is what you can expect if you are convicted of a felony dui:
Incarceration: 90+ days
Driver’s License: Revoked (at least 10 years)
Probation: 3-5 years
Alcohol Restrictions: No possession, consumption, or entry into bars/taverns.
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