If you have been arrested for drunk driving in the state of Oregon for the first time, you may be eligible for DUII diversion, a program that will clear your record after one year of compliance.  Hiring a qualified Oregon DUII lawyer will ensure that you know what options are available and which decisions are best for your case.

AM I DIVERSION ELIGIBLE?

You may qualify for a diversion program in Oregon if you meet the following criteria:

1. You have not had a DUII or participated in DUII diversion (or similar drug or alcohol program) in the last fifteen (15) years; AND

2. Your DUII didn't involve an accident where someone (other than you) was injured; AND

3. You don't have a commercial driver's license (CDL)

It is possible to file a diversion request by yourself at the courthouse, but there are several advantages to having an experienced DUII attorney review your case before deciding to enter the program.  For example, your license can still be suspended by the DMV if you failed or refused the Intoxilyzer.  An experienced attorney can defend your right to keep driving at the DMV hearing.  

If you are not guilty (either because you were not driving, not impaired, or had less than 0.08% BAC) but have been charged with DUII anyway, the diversion process could be unnecessary and expensive.  An attorney can review the case for possible suppression issues that could result in a complete case dismissal.  Finally, an attorney can help you protect yourself against civil liability charges if the offense involved damages to any person or property.

DIVERSION PROCESS AND COSTS

In order to be eligible for a DUII diversion program, you must plead guilty or no contest to the charge, though some judges do not accept a no contest plea.  You must also pay a diversion fee (about $270), pay for an alcohol diagnostic assessment (about $150), pay to participate in a victim impact panel (between $5 and $50), and report to weekly diversion classes (fees vary depending on the county).  Payment plans may be available for certain fees, but all payments must be received within the yearlong program.

During the diversion period, your guilty plea is temporarily set aside.  If you comply with all terms, including payment of fees, and stay out of trouble, your DUII is dismissed at the end of one year.

FAILING OR TERMINATING DIVERSION

The two most common reasons for failing the diversion program include missing diversion classes and getting another DUII.  If you fail to comply with the terms of the diversion program, the court can terminate your diversion and sentence you for the Driving Under the Influence of Intoxicants charge.  The mandatory minimum sentence for a DUII is two days jail or 80 hours community service work and a $1,000 fine.  PLUS, you still have to do the victim impact panel and alcohol treatment as part of probation.

The maximum penalty for a first conviction for DUII is one year in jail and a fine of up to $6,250 or $10,000 if there was a minor in the vehicle.  Convicted persons are placed on at least 18 months probation and are required to undergo substance abuse evaluation and treatment, including compliance with a number of other restrictions and conditions.  DUII conviction carries with it a mandatory 1 year drivers license suspension.

If you are facing DUII charges call the Law Office of Max J Mizejewski to speak with an experienced criminal defense lawyer in Eugene, Oregon.

Contact Us online or call 541-505-9872 to schedule a consultation.