There is a growing national and statewide clamor for harsher penalties for the repeat DUII offender. Mothers Against Drunk Driving (MADD) wants Congress to fund research and testing of alcohol-sensing devices that would be installed in all vehicles and to require the technology now for all first-time offenders. The National Transportation Safety Board (NTSB) is proposing an 11-point program to address hard-core offenders. It includes stiffer penalties, such as mandatory jail time for offenders with blood alcohol levels of 0.15 percent or higher; sobriety checkpoints; and alternatives to jail. Sobriety checkpoints have been a source of litigation for civil libertarians as well as the beverage industry, which feels that such checkpoints unduly target social drinkers. Ten states currently ban these checkpoints. Other parts of the NTSB's 11-point program recommend zero or minimal blood alcohol levels for convicted offenders, special DUI courts, and limitations on the expungement of drunk driving convictions. Unfortunately, the response of the Courts and District Attorney's Offices has too often been simply to "lock em up."
Simply locking up the convicted impaired driver is not the best way to reduce the incidence of repeat drunk drivers. To get results, there has to be a balanced approach involving treatment options, ignition interlocks, and other tools - not only jail time. This balanced approach must be presented to a judge when a client has suffered a repeat DUII conviction. A seasoned defense attorney will work to convince a judge that an extended jail or even prison sentence is not the appropriate response when a client suffers a second, third or even fourth DUII conviction.
Nationally, drivers who have blood alcohol content ("BAC") levels of 0.15 percent or higher or who have had more than one drunk driving arrest within the past 10 years are considered "hard-core" drunk drivers. According to the NTSB, more than 70 percent of all impaired driving accidents in 2009 involved hard-core drunk drivers. For these drivers, an aggressive DUI defense is especially important. In Oregon, there is no difference in the seriousness of the conviction based on blood alcohol content. A .09 blood alcohol content results in the same DUII conviction as a .24. However, in repeat offender cases especially, a higher BAC is often relied upon by the prosecution to justify a request for a lengthier jail sentence.
Oregon's current approach to repeat DUII offenders is based on the number of prior convictions. Typically, a DUII conviction is a misdemeanor crime in Oregon. However, Oregon law now provides that DUII is a felony if the convicted person has two or more DUII convictions in the prior ten years. If a person is convicted of a felony level repeat DUII offense in Oregon they are facing at least 90 days in jail, possible prison time, a lifetime revocation of their driver's license, and thousands of dollars in court fees, fines and costs.
For the most part there are many alternatives to jail or prison time available to judges in Oregon. Community service, work-release programs, house arrest, GPS and cell phone monitoring programs may be available depending in which county the client has been convicted. Additional options may include probation, long term in-patient alcohol treatment and structured aftercare, clean and sober residential requirements, and ignition interlock devices. Each county in Oregon has different programs and availability. An experienced Oregon DUII lawyer is necessary to help the client explore every possible state funded and private market alternative to increased jail or prison time
If you are facing criminal charges in a repeat drunk driving case, it is imperative that you contact an experienced criminal defense attorney as soon as possible. A knowledgeable lawyer can help you assert your legal rights in defending the charge, and if a conviction is unavoidable, ensure that the sentence received is just and not unduly harsh .
