I got a DUI, is it a felony?

First-time DUIs are misdemeanors in Oregon. A DUI becomes a felony if the new offense occurs within 10 years of at least 2 prior DUI convictions. This is a change to the law, established by Ballot Measure 73.  Previously a DUI became a felony only if it the current incident occurred within 10 years of 3 prior DUI convictions. Additionally, any subsequent DUI (beyond #3) is a felony.

It also is important to remember, the law now requires 90 days of jail. The 90 days may not be reduced for any reason (including good time/work time). If a person is convicted of Felony DUI under 813.010(5), for having 3 DUI convictions within the last 10 years, the person will be considered a level 6 under the Sentencing Guidelines established by the Oregon Criminal Justice Commission. 

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