If you’ve never been charged with a DUII or if you have not had one in the last five years, it will likely be considered a “first offense.” This will result in administrative and criminal penalties. If you are lawfully arrested for a DUII for a first offense, generally you will be assessed a 90-day administrative license suspension even if you aren’t later convicted of the DUII. Should you refuse a chemical test, your license will be suspended for a year in most cases. Similarly, the conviction of a DUII will result in a one-year license suspension. First offense DUIIs will result in the use of an ignition interlock device or IID. This device will be installed on the vehicle for one year after completing the licensed suspension period.
If you’re convicted of a first offense DUII, you may be sentenced to serve in jail or carry out community service. Your jail sentence could be as little as two days or as long as one year. Should you be sentenced to community service, you’ll be responsible for at least 80-hours but no more than 250 hours. In addition to jail or community service, there are fines involved for first time DUII. At a minimum, you will be assessed a $1000 fine plus a $255 conviction fee. The maximum fine is $6250. Additionally, you will need to complete a screening interview to figure out which substance abuse treatment program is right for you. You are responsible for completing this program as well as paying for the cost of the program and the $150 fee for the screening.
For those with first-time DUIIs, you could qualify for the diversion program offered by the state of Oregon. You will be required to plead guilty or offer no contest to the charges. Should you successfully complete the diversion program, your case will be dismissed after one year. The diversion program is an option for everyone and requires that the driver file petition within the court and pay a $490 filing fee. Additionally, you’ll need to file this petition within 30 days after being charged with a DUI.
During the program, you will be required to complete a substance abuse treatment program, refrain from using any alcohol, drugs, or other intoxicants, use an IID during the diversion program, and attend victim impact treatment sessions. After the completion of the program and paying the appropriate fees, the driver can apply to have the court dismiss the case.