What happens if I have a second DUI after Diversion? What happens if I am convicted of DUI?
A DUI conviction is a Class A misdemeanor in Oregon. The maximum possible fine and jail time for a Class A misdemeanor is a $6,250 fine and up to a year in jail. It is, however, very rare for an individual to receive that penalty. In reality DUI is a very common crime and the penalties for DUI are relatively standardized. The person with the final say in every case is the sentencing judge, but generally anyone convicted of a DUI faces a very similar punishment.
First, anyone convicted of a DUI must take an alcohol evaluation and must participate in alcohol treatment based on that evaluation. Second, that person must attend a “victim impact panel” to hear from people whose lives have been affected by DUI. Third, there is a minimum amount of jail time or community service that must be served. Jail time can range from 2-10+ days depending on the facts of the case. Community service options require 80 hours of community service as a minimum. Other consequences of a conviction include being placed on probation, fines and fees of at least $1000, a mandatory Oregon drivers license suspension, and a court mandate that you cannot drink alcohol.
If this is your second DUI, and you have previously completed a diversion program, then the courts will typically extend “first time offender” treatment to you. It has become increasingly common for people with a first time dui conviction (diversion does not count as a conviction) to have a standard sentence of 2 days jail as their jail time. In Multnomah County, one specific judge has pioneered a program called the “expedited DUI plea” program that offers 80 hours of community service to people with first-time convictions.In my experience, other counties typically issue jail time, but depending on your unique situation, other outcomes are possible.
