By Kevin Davenport
The single most important benefit of Oregon’s DUII diversion program is that it spares you from having a conviction on your record. A conviction that can never be expunged. If you complete the requirements of the yearlong program, the court will dismiss the DUII charge. DUII DIVERSION. Eligible drivers may be able to avoid a criminal conviction for Driving Under the Influence of Intoxicants. The Multnomah County District Attorney’s Office DUII/Traffic Deputy screens, issues, and makes Diversion eligibility determinations (under ORS 813.200).
Beginning Jan. 1, the decision to fight drunken driving charges in Oregon became a whole lot easier. This is because House Bill 3075 went into effect, amending ORS 813.600 and ORS 813.602. The new law requires anyone who participates in the Oregon DUII diversion program to install an ignition interlock device in any vehicle he or she operates while in the diversion program. In an effort to toughen penalties for first offenders, the Legislature just may have caused more people to plead not guilty.
Previously, ignition interlock devices were primarily required for people convicted of DUII but who obtained hardship permits that allowed them to drive while their license was suspended. A person on probation for a first-offense DUII is subject to a one-year license suspension, but may apply for a hardship under various circumstances. If the person convicted does not seek a hardship driving permit, then no ignition interlock device is required, and the driving privileges are restored after one year.
So what is the difference? Previously, Oregon's DUII diversion program was a deal that was just too good to turn down for most people. It promised a smaller fine, no jail or community service, and a dismissal upon successful participation in the yearlong diversion period. But the single greatest factor that has made diversion so attractive is the 90-day license suspension.
A large minority of people who are charged with DUII might not be guilty, or to say it another way, they have a case that the district attorney may not be able to prove beyond a reasonable doubt. Many of these people chose not to fight the charges, however, primarily because of the risk of the one-year license suspension if they were convicted. Yes, they could get a hardship permit, but it came with the requirement of the ignition interlock device, which is expensive, requires frequent maintenance and is very much a time-consuming nuisance, even for offenders who have stopped drinking.
Now that the ignition interlock device is required for anyone participating in the DUII diversion program who wants to drive (after the 90-day suspension), the incentive to choose diversion over the risk of fighting the charges, with only a possibility of a conviction, is very much diminished.
Getting arrested for driving under the influence of intoxicants is expensive and embarrassing. Most people who are accused of DUII learn from their mistake, benefit from the diversion program and move on with their lives without ever doing it again. If the difference between diversion and a conviction is now largely insignificant, why not fight it?
Kevin Davenport is an attorney in Tualatin.
Avvo requires JavaScript to function. Please enable JavaScript in your web browser.
Beaverton, OR |
Less'>
First time offender, looking to see if there is a diversion program in Washington County Oregon. This is not a DUI case, this is a RX fraud case.
Less'>
There is no special program in Washington County to allow people to keep felonies off their record in the same way that DUI diversion can keep a DUI off your record.
If you get convicted, you may be eligible to get your conviction expunged after a certain amount of time has passed. In addition, if you have a good criminal defense lawyer, you may be able to A) avoid a conviction (especially for a felony) or B) get a deal where your felony conviction can be reduced to a misdemeanor at a later date.
Oregon Duii Diversion Program Require…
Talk to an Oregon criminal defense lawyer ASAP.
Portland Defender
1001 Southwest 5th Avenue #1100 Portland, OR 97204 (503) 592-0606
0found this answer helpfulhelpful votes|1 lawyer agrees
Less'>
There is no formal diversion program. Your best bet is to hire a good defense attorney to assess your case for weaknesses in the State's case and assess their proof. If you feel that their case is valid, a lawyer can attempt to negotiate on your behalf, and with no prior record that will be an extremely helpful fact. Hire a defense attorney as soon as possible! If you need help locating a local attorney, you can check for members of the Oregon Criminal Defense Lawyers Association as a good starting point.
0found this answer helpfulhelpful votes|0 lawyers agree
Can’t find what you’re looking for?
Post a free question on our public forum.
Ask a Question
Search for lawyers by reviews and ratings.
Find a Lawyer
Browse legal topicsView top Criminal Defense lawyers in Oregon by cityWashington County Oregon Duii Diversion ProgramsAvvo Rating
Our Rating is calculated using information the lawyer has included ontheir profile in addition to the information we collect from statebar associations and other organizations that license legalprofessionals. Attorneys who claim their profiles and provide Avvowith more information tend to have a higher rating than those who donot.
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadershipWashington County Oregon Duii Arrests
Publications, speaking engagements
DisciplineWashington County Oregon Duii Diversion Program
This lawyer was disciplined by a state licensing authority in .
Washington State Juvenile Diversion Pr…
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.
Avvo Rating levels
Comments are closed.
|
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |