Felony DUII Attorney
Most DUI cases are Class A misdemeanors. But if you have previous convictions for DUI, your main concern is probably whether you will be charged with a felony DUI. There are a few simple rules to follow in answering this question.
Once a felony, always a felony. If you were convicted of a felony DUI before, you will be charged with a felony DUI for each subsequent DUI. There is no time limit to this rule.
Timing is everything. The law on felony DUI looks back ten (10) years from the date of your arrest. How many misdemeanor DUI convictions have you had in that ten (10) year period? A completed diversion is NOT a conviction so it is not counted.
If you have two (2) prior DUI convictions within the ten (10) year period before your most recent arrest, you will be charged with a felony DUI. This is the least serious felony DUI charge since it does not carry a mandatory prison sentence upon conviction. DUI attorneys refer it as a Measure 73 DUI because that was the measure number assigned when voters passed the law in 2010. While a Measure 73 DUI does not carry a prison sentence it does carry a mandatory 90-day jail sentence upon conviction.
If you have three (3) prior DUI convictions within the ten (10) year period before your most recent arrest, you will be charged with a felony DUI AND you are facing a mandatory prison sentence under Oregon’s Sentencing Guidelines if you are convicted. Your criminal history will determine the length of your sentence.
Whenever you have multiple DUI convictions on your record, you are facing serious consequences if you are convicted of a new DUI charge. In these cases, it is more important than ever to have an experienced DUI lawyer on your side. By requesting a DMV hearing within the first ten (10) days of your arrest, I can investigate weaknesses in the state’s case by thoroughly cross-examining the arresting officers.
In some cases, a successful collateral attack/challenge to your prior convictions based on the constitutionality of the underlying conviction could prevent a conviction for felony DUI. Act now, your freedom depends on it, call today.