DUII vs. Felony DUII: What's the Difference and Why It Matters
One of the most important distinctions that often comes up is between a standard DUII (Driving Under the Influence of Intoxicants) and a felony DUII. Understanding this difference can significantly impact the direction and outcome of a criminal defense strategy.
Whether someone is accused of a first-time offense or has prior convictions, the consequences can be life-changing. At Haskett Williams Monaghan, we regularly help clients in Bend, Oregon, and surrounding areas who are facing drunk driving charges. In this article, we want to share how Oregon law defines and separates DUII from felony DUII and what you need to know if you're facing either charge.
What Is a Standard DUII in Oregon?
In Oregon, a DUII is typically a misdemeanor charge that applies when someone operates a motor vehicle under the influence of alcohol, a controlled substance, or a combination of both.
A person can be charged if their blood alcohol concentration (BAC) is 0.08% or higher, or if they’re simply impaired to a noticeable degree while driving. A DUII conviction—even a first offense—can lead to substantial penalties. These include license suspension, mandatory education courses, fines, and even jail time.
A first or second DUII offense is usually treated as a misdemeanor under Oregon law, but that doesn’t mean the penalties are light. Even one conviction can affect employment, finances, and personal freedom.
For many, a DUII charge is their first brush with the criminal justice system, and it can feel overwhelming. That’s why building a solid criminal defense as early as possible matters.
When Does a DUII Become a Felony in Oregon?
A DUII becomes a felony when certain aggravating factors are present. Under ORS 813.011, someone will face a felony DUII charge if they have two or more prior DUII convictions within the past 10 years. This includes convictions from other states that are substantially similar to Oregon’s DUII statute.
Felony DUII may also be charged when someone has a prior felony DUII conviction or has previously completed a DUII diversion program twice. Felony charges elevate the consequences to a far more serious level, and the state prosecutes them aggressively.
A felony DUII is classified as a Class C felony and typically carries a mandatory minimum prison sentence of 90 days. In addition to prison time, a felony DUII conviction can include significant fines, longer license suspension, and mandatory alcohol treatment programs.
For those facing a felony DUII, having a focused criminal defense strategy becomes even more important because the long-term effects are so severe.
Why the Distinction Between Misdemeanor and Felony DUII Matters
The classification of a DUII charge affects more than just the type of sentence someone might receive. It impacts criminal history, voting rights, employment eligibility, access to housing, and more.
Felonies carry a heavier social stigma, making it harder to move on even after serving a sentence. Employers and landlords frequently run background checks, and a felony conviction can make it harder to secure housing or work. Additionally, individuals with felony DUII convictions lose their right to possess firearms under federal law.
In short, the difference between DUII and felony DUII matters because it affects nearly every part of a person’s life. From our perspective as criminal defense attorneys, this is one of the most critical junctures in any drunk driving case.
Legal Consequences of Felony DUII
Once charged with felony DUII, the penalties become more severe and difficult to avoid. Oregon imposes mandatory minimum sentences, which means the judge has little discretion to impose lighter penalties. Someone convicted of felony DUII may face:
A minimum of 90 days in jail, and often more
Fines that can exceed $2,000
A mandatory lifelong revocation of driving privileges after a third conviction
Required installation of an ignition interlock device, even if driving privileges are restored
Substance abuse treatment and evaluation requirements
The consequences don’t stop at sentencing. Many of our clients are surprised to learn that a felony conviction can permanently change their rights and privileges. A robust criminal defense isn’t just about avoiding jail time—it’s about preserving your ability to live your life without restrictions that never go away.
How Oregon’s DUII Diversion Program Fits In
Oregon offers a DUII diversion program for some first-time offenders. If someone is eligible and completes the program successfully, their DUII charge can be dismissed after 12 months.
However, the diversion program isn’t available for felony DUII cases. If a person has participated in the program twice before, they’re no longer eligible.
And if the current charge is classified as a felony due to prior convictions, the court can’t offer diversion. Because diversion is off the table in felony cases, the defense must focus on challenging the evidence, questioning the arrest process, and identifying any legal issues that can lead to reduced or dismissed charges.
How We Build a Criminal Defense in DUII Cases
When someone comes to us facing a DUII or felony DUII charge, we begin by looking closely at the details. Every case is different, but there are common questions we ask and issues we examine. These include:
Was the traffic stop lawful, or did police lack reasonable suspicion?
Were field sobriety tests administered properly?
Was a breath or blood test conducted in accordance with Oregon law?
Are there medical conditions or other explanations for the observed behavior?
Was the testing equipment calibrated and maintained?
By addressing these questions, we can often identify weaknesses in the prosecution’s case. In some instances, evidence can be suppressed or thrown out entirely. In others, we can push for lesser charges or alternative sentencing options.
Building a criminal defense for DUII charges—especially felonies—requires careful attention to these kinds of legal and procedural issues.
Collateral Consequences of a Felony DUII Conviction
While the criminal penalties are serious, what often troubles our clients most are the collateral consequences of a felony DUII conviction.
These are the lasting effects that don’t come from the court but from society. A person convicted of felony DUII in Oregon may lose their job, professional license, or ability to travel internationally. They may face restrictions on where they can live or who they can associate with.
Insurance premiums will skyrocket, and in some cases, coverage may be denied altogether. When crafting a criminal defense, we think about these broader consequences and how to reduce their impact.
Why Timing Is Critical After a DUII Arrest
If you’re arrested for DUII in Oregon, especially a potential felony DUII, the clock starts ticking right away. Administrative hearings about your driver’s license can happen within days.
Prosecutors begin building their case quickly, and evidence like surveillance footage or breath test data may be lost if not preserved immediately. Reaching out for criminal defense representation early can make a big difference.
It allows us to gather information while it’s still fresh, speak to witnesses, and request key evidence before it disappears. Waiting too long can limit the options available and reduce the chances of a favorable outcome.
Signs You May Be Facing a Felony DUII
There are specific warning signs that your DUII charge could be elevated to a felony. If any of these apply, you should treat the matter with urgency and speak with a defense attorney:
You’ve been convicted of DUII two or more times in the past 10 years
You’ve already completed DUII diversion twice
You’re currently on probation or parole for a prior DUII
The charge alleges serious bodily injury or death
You’ve been previously convicted of felony DUII
Each of these factors increases the likelihood that prosecutors will pursue a felony charge and seek a mandatory minimum sentence. In these cases, every move in your criminal defense strategy counts.
The Court Process for Felony DUII in Oregon
Felony DUII cases go through Oregon’s criminal court system. After an arrest, the individual may be released on bail or held in custody. The court process includes arraignment, pretrial motions, plea negotiations, and possibly a trial.
In some cases, we can resolve matters before trial by reaching a plea agreement that reduces the severity of the penalties. In other cases, a trial becomes necessary. Our goal is always to protect our client’s rights and minimize the fallout from the charges.
Legal Advocacy
At Haskett Williams Monaghan, we understand how stressful and life-altering DUII charges can be. We’re proud to serve Bend, Oregon, and the surrounding areas of Redmond, Sun River, Prineville, and Sisters. Call David Haskett today.