According to news reports, an Oregon Man was sentenced to six years in prison after being convicted of his sixth DUI. The man was convicted in California for driving with a BAC of .22. The man had one prior conviction from California and four prior convictions from Oregon. His most recent conviction before this case was from 2005.
This case highlights the serious nature of DUI charges. Driving under the influence penalties tend to get higher depending on a person's criminal history. Some states, such as Washington for example, use a system of rising mandatory minimum sentences. Under that type of system, a judge must impose a higher penalty on a second or third offense. In Oregon, as long as a DUI is charged as a misdemeanor, the mandatory minimum sentence is 48 hours. Judges will give higher sentences as the number of priors goes up.
Because of this building effect, it is important to take even a first offense DUI seriously. Although no one ever thinks he is going to get arrested for drunk driving again, it does happen. Tragically, some people who get accused of DUI suffer from alcohol addiction. For these people, the chance of a subsequent arrest are even higher. With these people, hopefully the first DUI arrest will trigger treatment. When Judges don't believe that treatment is working, however, they will simply remove a person from society through incarceration. That result can be seen in this case. A good DUI lawyer will help his client's get into treatment, but ultimately recovery is up to the client.
