Oregon voters approved Measure 73 this week. Measure 73 changes Oregon criminal law for driving under the influence of inoxicants (DUII) and for certain sex crimes. Under Measure 73 certain repeat sex offenders may be subject to a 300 month minimum sentence. And third time DUII offenders will face minimum jail of 90 days. And, the DUII is a felony if it's the offender's third DUII offense in the prior ten years.
I just want to address the DUII portion of Measure 73 here.
The minimum jail sentence. This may not effect people in some counties, like Washington County where the standard sentence for a third DUII is 120-180 days in jail even under current law. However, for many offenders around the State of Oregon it could have two effects.
First, if the county doesn't typically sentence a third DUII to at least 90 days, they will have to do so now.
Second, Measure 73 shifts the cost of the incarceration to the State. This is important because many counties reduce jail populations, and their costs, by shortening sentences through early release programs such as electronic home detention. But If the State is going to pay for the cost of a 90, or 180 day incarceration, there will be much less financial pressure on Judges, jails and counties to reduce the jail populations to reduce costs. So actual time served behind bars is likely to increase, regardless of the sentence the court imposes.
Third DUII as a Felony. Measure 73 provides that a third DUII within ten years is a felony. This has two impacts on the offender.
First, the felony itself is a problem. A convicted felon can't own firearms, can't hold certain jobs that may require bonding, and can have problems renting housing.
Second, pending final action by the State of Oregon commission that sets guideline sentences, its very likely that the presumptive sentence on a third felony DUII will be 13 months in prison.
DUII laws in Oregon are getting more complicated. Its important that if you're facing a DUII charge in Oregon that you obtain experienced legal advice from an attorney that keeps up on the most current developments. If you have been accused of a DUII in the Portland Metro area, including Multnomah, Clackamas, Washington, Yamhill or Columbia Counties, please consider contacting Harris Law firm.
Attorney at Law