Will a DUII Arrest Lead to Automatic Jail Time?

As a DUII defense attorney, I receive many calls from clients who have just been arrested for drunk driving or DUII for the first time and want to know the following: Am I going to jail for a year? Unfortunately, this misconception is gleaned from the fact that a DUII charge can merit a “maximum penalty of 1 year in jail and $6,250 in fines.” Although technically true, this does not mean that the defendant will necessarily get that amount of jail time or fine.  In fact, it is highly unlikely, but of course, depends on the situation at hand.

If this is your first DUII, you may be elibigle for the Diversion program, which upon successful completion, may result in the dismissal of the drunk driving charge and helps you avoid a conviction. Even if you do not qualify for diversion, a first time conviction for DUII by itself requires only a minimum of 2 days jail or 80 hours of community service. Generally, both Multnomah and Washington County prosecutors and/or judges will often agree to this minimum sentence.

However, DUII is still a serious offense, and if mishandled, can lead to much more severe punishments. If you have been arrested for drunk driving, remain calm and call a criminal defense attorney to help you find the best solution for your particular situation.