Aftermath of Measure 73 – The Oregon Crimefighting Act and Felony DUI

In November 2010, Oregon voters overwhelmingly approved the Oregon Crimefighting act which substantially increases the penalties for Felony DUI.  The act creates a felony for a third DUI conviction in ten years and mandates 90 days prison time.  The pertinent portions of the act are as follows.

Driving under the influence of intoxicants (ORS 813.010) shall be a class C felony if the defendant has been convicted of driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in another jurisdiction, at least two times in the 10 years prior to the date of the current offense.

b. Once a person has been sentenced for a class C felony under this section, the 10-year time limitation is eliminated and any subsequent episode of driving under the influence of intoxicants shall be a class C felony regardless of the amount of time which intervenes.

c. Upon conviction for a class C felony under this section, the person shall be sentenced to a mandatory minimum term of incarceration of 90 days, without reduction for any reason.

Because Measure 73 is an initiative and it does not expressly provide for a different effective date, Article VI, section 1(4)(d), of the Oregon Constitution provides that it becomes effective “30 days after the day on which it is enacted or approved by a majority of the votes cast thereon.”  Under this calculation, the effective date is December 2, 2010.

The maximum penalties for a conviction of a Class C felony include 5 years imprisonment and a $125,000 fine.  Felony DUI now carries a mandatory minimum of 90 days.

For more information, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free Felony DUI consultation.

About pfs2law

LAW OFFICES OF PAUL F. SHERMAN
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