Oregon DUI penalties law requires a minimum of 48 hours in jail (ORS 813.020) or 80 hours of community service (ORS 137.129) upon conviction for DUII. Due to the intense focus the public and the media have placed on the crime of DUII/DWI, many courts are highly reluctant to impose a sentence of community service, even in first conviction cases. Additionally, 48 hours jail is just the minimum required by law. Many courts impose more than 48 hours, even on the first go-round.

In cases where someone is facing a charge of DUII with one or more previous DUII convictions in their past, a request for significant jail time on the part of the District Attorney’s office is an almost certainty. HOWEVER, there are ways jail time can be mitigated, depending on the county involved.

A skilled and experienced DUII attorney will know the particularities of the prosecution, the Courts and the Sheriff’s office and will process all those variables to effectively gain the best possible outcome for his client. Of course, sometimes the best advice is to take the case to trial. Again, an experienced DUII trial attorney will best be able to identify weaknesses in the State’s case and properly advise the client as to the potential gains from full litigation.