Oregon DUI laws call for harsher penalties for each subsequent DUI conviction. When arrested for a third or subsequent DUI within a 10-year period, it is considered a felony offense. It may seem like defending against this charge could be nearly impossible, but with the assistance of a Portland DUI attorney, you have a better chance of getting your life back after the arrest. When faced with such a serious charge, you should not handle it alone.
Penalties From A Third DUI
After a third DUI, there are several penalties that could be levied against the driver if he or she is convicted. Some of these penalties include:
- The driver could be sentenced to up to five years in jail, and must spend a minimum of 90 days in jail without the option of reducing the sentence.
- Fines begin at $2,000 and could increase to as much as $10,000, especially if there was a child in the car at the time of the arrest.
- Other fines could be levied in the $300 range.
- The driver’s license could be revoked permanently.
- It is required that the driver complete a designated alcohol treatment program.
- Other requirements could be designated by a judge based on each individual case.
It is important to remember that none of these penalties can be levied against a driver until a conviction has been handed out by a judge. The prosecution must give definitive proof that a driver was driving drunk before he or she can be convicted. This proof would include Breathalyzer results and other evidence, such as a previous DUI arrests. In the same way, the accused is allowed to present a defense and is considered innocent until proven guilty.
When facing these penalties, it may seem like it is impossible to build a good DUI defense. A Portland attorney with experience in DUI cases has the knowledge you need to build a defense against the charges brought against you. No case is too difficult for an experienced attorney.
Defending Against A Third DUI Charge
There are several ways an attorney can help you defend against charges that are brought against you. Some of the things that an attorney can evaluate and possibly use in a DUI defense include:
- Possible issues with Breathalyzer results or with BAC limits
- Possible errors committed during the arrest, made by law enforcement
- Erroneous eyewitness accounts
- Ungrounded traffic stop
By carefully evaluating all the evidence surrounding your arrest, an attorney can determine which elements can be used in your defense. From inaccurate Breathalyzer results to protocol errors, the trained eye of an attorney can find the details that can be used for your benefit.
You may be surprised what an attorney can do for you when facing felony charges. These charges are serious, and you deserve the best legal assistance as you navigate the complicated DUI process. A Portland DUI attorney is your best ally when facing felony charges.