Can I do alcohol or drug treatment instead of jail for a DUI?

Oregon law (ORS 813.020) gives a sentencing judge some leeway in imposing a sentence for a person convicted of driving under the influence of intoxicants (DUI or DUII). The law requires the judge to impose a designated fine (the amount of the fine varies depending on the defendant’s prior record regarding DUI convictions). The judge also must require the defendant to complete a screening interview with evaluation services and complete a designated medical alcohol detox program.

Regarding jail time, the judge must impose at least 48 hours of jail or 80 hours of community service. However, the judge may designate the imprisonment to be served in jail, minimum security facilities or inpatient rehabilitation or treatment centers.

Thus, yes, a person may serve their sentence for a DUI conviction in an inpatient treatment center if it is ordered by the judge.

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
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