January 4, 2023
Here are some of the most important things you should know about DUI, DWI, and DUII.
According to the National Highway Traffic Safety Administration (NHTSA), 32 people die every day in drunk-driving crashes in the United States. That’s tantamount to 1 death every 45 minutes. What’s even more sobering is that these tragic deaths are preventable.
Across the U.S., there are a number of different abbreviations that are used to identify the crime commonly known as "drunk driving." The three more prominently used acronyms are DUI, DWI, and DUII.
Different states have different names for the charge — for example in Oregon, the charge is referred to as "driving under the influence of intoxicants" or DUII. This means the person has been charged with operating a vehicle while impaired by alcohol and/or controlled substances.
Here are the most important things you should know about a DUI, DWI, or DUII charge.
DUIs, DWIs, or DUIIs have slightly different meanings; therefore, there might be slight variations in the complexities of dealing with each. A DUI charge means the driver is being charged with driving under the influence of alcohol. On the other hand, a DWI charge means the driver is being charged with driving while intoxicated or while impaired due to drug use. These could be over-the-counter, prescription, or illicit drugs.
The specific definitions and scope are ultimately determined by where the incident occurred and the blood alcohol concentration (BAC) limits set by the state. Here in Oregon, drunk driving charges are referred to as DUII or DUI, but not DWI. This distinction essentially makes it illegal for individuals to drive under the influence of any intoxicant, including alcohol, prescription meds, marijuana, or any other controlled substance.
It’s important to be familiar with your state’s driving laws to ensure that you are always driving in accordance with the set legal limits. So, when is DUI a misdemeanor and when is it considered a felony?
Generally speaking, first and second DUI offenses are charged as misdemeanors in almost every state. Succeeding DUI charges within 10 years may be charged as a felony. However, there are certain scenarios in which a first-time DUI offense may be charged as a felony. For example, if the incident results in severe injury or death, or if there are children in the car at the time of the stop, the driver may face a felony charge.
The main difference between a DUI misdemeanor and a felony is the seriousness of the crime and its resulting penalties.
For misdemeanor DUIs in Oregon, the convicted motorist may face a fine of up to $10,000, jail time (up to one year, and up to three years of license suspension. The actual penalty will vary depending on the result of the BAC test. Felonies, on the other hand, are more serious and carry stiffer penalties, including fines of up to $125,000, jail time (up to five years), and permanent license suspension.
The short answer is yes. Regardless of what it’s called, drunk driving is considered a criminal offense in the U.S.
In Oregon, the drunk driving law is enshrined under ORS 813.010: Driving under the influence of intoxicants. It outlines the parameters of what constitutes the offense of driving while under the influence of intoxicants. These include:
This varies by state. For instance, in Oregon, DUII convictions stay on record permanently. The state laws on driver & motor vehicle services prohibit the expungement of DUI and driving-related convictions.
Not necessarily. However, if the DUI charge ends in a conviction, a license suspension is unavoidable as it is regarded as a mandatory consequence in addition to other imposed penalties.
Another way to lose your license for drunk driving is through an administrative DMV suspension. This type of suspension is triggered when the driver fails a chemical test or flat-out refuses to take the test as requested by the arresting officer.
If you have been convicted of a DUII misdemeanor or felony in Oregon, it becomes part of your criminal record and will remain there indefinitely as long as you continue to live in the state. As such, expect the record to show up in a standard criminal background check.
What’s more, many local, county, and federal databases are open to the public under Oregon state law. This includes public access to state criminal records as provided by the Criminal Justice Information Services (CJIS).
For the duration of the license suspension, the driver will not be allowed to drive a vehicle. They can still travel interstate provided there are no other prohibitions mandating them to remain in the state.
International travel with a DUI conviction is a bit more complicated as it is considered a criminal record. Canada, Mexico, Australia, Japan, and the United Arab Emirates (UAE) are some of the countries that may not allow entry to people with a DUI record.
Have you recently been charged with a DUII? Another Chance Drug & Alcohol Rehab can help provide the professional help and guidance that you need to regain your driving privileges and get your life back on track.
Whether for diversion or conviction, our DUII program can cater to your treatment requirements. We are certified by the state to guide, support, and educate you on how to live a life free of addiction.
Having a DUI record is not the end of the world. What’s even more important is that you are able to overcome the alcohol or drug abuse that led to the charge in the first place.
Contact Another Chance Drug & Alcohol Rehab at (971) 272-8263 or through our contact form and let our experienced recovery team work with you to get the right treatment. You can also reach us at info@anotherchancerehab.com.
.svg)
