Tag Archives: Ashland

Penalties for Driving Drunk in Oregon



 The Criminal Penalties for drunk driving in Oregon or “Driving Under the Influence of Intoxicants (DUII)” convictions are relatively uniform throughout the state of Oregon.  As a general rule, a DUII is a Class “A” Misdemeanor.  The charge is enhanced to a felony if you have been convicted of drunk driving three times in the last 10 years.

If this is the first time you have been charged for DUI in the last 10 years you may be eligible for Diversion.


The maximum penalty for DUII is one year in jail and a $6,250 fine.


While the standard conditions for a conviction for misdemeanor DUI vary in each county, the following is general guideline of the standard conditions imposed by the Courts and should not be interpreted as a guarantee of results.  Ultimately, the sentence is always within the discretion of the sentencing judge.

THREE YEARS PROBATION. Conditions of probation will include the following:


The actual amount of jail time will depend on the county and the number of prior convictions the defendant has for drunk driving.  There is a minimum 48 hours jail time imposed by statute for a DUII conviction or 80 hours community service.

Typical sentence:

1st Offense: 2-10 days jail
2nd Offense: 10-30 days jail
3rd Offense: 30-120 days jail

The Court may also consider the defendant’s criminal history, the level of intoxication or Blood Alcohol Concenstration (BAC) at the time of the offense, whether the incident involved an accident or injuries, reckless driving, and children in the vehicle in determining how much jail time will be required.

    • If, within the prior five years, the defendant has not been convicted of a DUI, then the license suspension period is for one year. There is a 30-day waiting period to apply for a hardship permit.
    • If there has been a conviction for DUI in the last five years, the suspension is for three years. There is a 90-day waiting period for a hardship permit.
    • A third conviction for a DUI will result in permanent revocation of the driver’s license. The defendant can apply to the court after 10 years for restoration of driving privileges.
  • COMPLETE THE VICTIMS IMPACT PANEL CLASS A one-day class on the devastating results DUI accidents has had on the families of victims lost as a result of drug- and alcohol-related accidents. The price of the class is approximately $50.
  • ALCOHOL AND OR DRUG EVALUATION AND TREATMENT There is a $138 alcohol screening fee.
    • 1st offense is $1000
    • 2nd offense is $1500
    • 3rd offense is $2000
    • Statutory fee: $150
    • Conviction fees: $130
  • RESTITUTION The court may impose restitution for any damage to person or property as part of a sentence.
  • VEHICLE IMPOUNDED A court may impound a vehicle of someone convicted for their 2nd offense of DUI
  • IGNITION INTERLOCK DEVICE (IID) As of January 1, 2008, a person convicted of DUI must install an IID in any vehicle they are going to operate.  A first conviction requires the use of the device for one year after the end of the suspension period before becoming eligible for full reinstatement.  A second conviction requires the use of the device for two years after the end of the suspension period. This device is also required for conviction related hardship permits as well.
  • OBEY ALL LAWS Any law violations during probation can result in jail time or other sanctions.
  • FELONY DUI SENTENCING A person commits the crime of Felony DUI if they have been convicted of three prior DUI offenses in the 10 years prior to the date of the current offense.
  • MAXIMUM PENALTY Felony DUI is a class “C” felony. The maximum penalty is 5 years in prison and a $100,000 fine.

SENTENCING GUIDELINES All felonies are subject to the Oregon Sentencing Guidelines. The sentencing guidelines are used to determine the sentence for felony convictions. It is a combination of a defendant’s criminal history and the legislature’s determination as to the crime seriousness of the offense.

Felony DUI is a level “6″ offense on the guidelines grid. The minimum criminal history score for someone charged with felony DUI is a “D” because three prior DUI convictions are considered to be the equivalent of one person felony. The Oregon Sentencing Guidelines consider person crimes more seriously for sentencing purposes, thus giving them a higher score. The presumptive sentence for a “6D” (the presumptive sentence for a felony DUI conviction with no other convictions but the three prior DUI’s) is 13-14 months in prison.

The Oregon Sentencing Guidelines require there be 2 years of Post Prison Supervision upon completion of a penitentiary sentence for a level “6″ offense








(original article located at: http://pfs2law.wordpress.com/2010/10/29/drunk-driving-penalties-in-oregon/)

Virginia SR22 & FR44 Financial Responsibility Requirements

Financial Responsibility Certifications

SR-22/SR26 Financial Responsibility Certification

SR-22 certification is required for the following convictions:

  • Unsatisfied judgements
  • Uninsured motor vehicle suspension
  • Failure to provide proof of insurance associated with insurance monitoring
  • Falsifying insurance certification
  • Driver license suspension as a result of a conviction for:
    • Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
    • Perjury, making a false affidavit to DMV regarding the registration of motor vehicles, or making a false statement on any driver’s license application.
    • Any crime punishable as a felony under the motor vehicle law or any felony in the commission of which a motor vehicle is used.
    • Failure of a driver of a motor vehicle, involved in an accident resulting in death or injury to another person, to stop and disclose his identity at the scene of the accident.
    • Operating or permitting the operation, for a second time, of a passenger automobile for transportation of passengers for rent or for hire, without a license.

SR-22 liability insurance coverage limits are:

  • Bodily injury/death of one person $25,000
  • Bodily injury/death of two or more persons $50,000
  • Property damage $20,000

Handcuff Picture

FR-44/FR-46 Financial Responsibility Certification

FR-44 certification is required for the following convictions:

  • Maiming while under the influence
  • Driving while under the influence of intoxicants or drugs
  • Driving while the driver’s license has been forfeited for a conviction, or finding of not innocent in the case of a juvenile
  • Violation of the provisions of any federal law or law of any other state or any valid local ordinance similar to the above

FR-44 liability insurance coverage limits are double the SR-22 insurance coverage limits:

  • Bodily injury/death of one person $50,000
  • Bodily injury/death of two or more persons $100,000
  • Property damage $40,000

The FR-44 double minimum coverage requirements apply to customers convicted of the above violations on or after January 1, 2008, as well as customers previously convicted of these violations who are required to file an SR-22 certification after December 31, 2008.  If you reside outside Virginia, you may submit a letter on your insurance provider’s letterhead stating the double minimum coverage amounts.

DMV placed a driver’s license STOP on the record of anyone who did not comply with this requirement by filing an FR-44 certification prior to January 1st, 2009.  The STOP prevents customers from performing any driver transactions (such as renewing a driver’s license), but does not affect the customer’s ability to register vehicles.














(original article located at : http://www.dmv.virginia.gov/commercial/#insurance/certifications.asp)

If I have had a DUI in Virginia, does fr44 insurance allow me to drive a company truck ?

Commercial Rules of the Road – FR44 Insurance in Virginia

The quick answer is No. In Virginia DUI laws are more strict against a driver holding commercial driving license. Under normal circumstances, a driver will be arrested in Virginia if the driver’s Blood Alchohol Content (BAC) is above 0.08%. But in the case of a driver holding commercial driving license, your BAC level should cannot exceed 0.04%.  If you are a driver holding commercial driving license in Virginia, if you are arrested under DUI, your driving license is likely to be suspended up-to, a period of one year.  Having FR44 insurance has got nothing to do with your suspension of your commercial driving license and will not help you under DUI laws of Virginia.