By Kevin Davenport 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.
Have you been charged with a DUII? There's hope: the Oregon DUII diversion program. 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. This post will walk you through what it takes to qualify for Oregon’s diversion program, what you have to do, and how to enroll in it.
(For free advice on your specific DUII case,.) Charlie’s Case Let’s use an example. “Charlie” is a hypothetical 25-year-old guy who’s just gotten charged with his first DUII.
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He was driving home in NE Portland after Friday night poker with some friends. A cop pulled him over for rolling through a stop sign and gave Charlie a breathalyzer test.
His alcohol level came back at.10. Charlie spent an anxious night in jail kicking himself and worrying about his options. The next day, Charlie’s brother gave him the name of a good Portland DUII lawyer. (If you’re interested in the diversion program, or another experienced Portland DUII lawyer.
I can tell you what to do.) The lawyer told Charlie he could avoid a DUII conviction if he qualified for Oregon’s diversion program. Photo: The Details of Oregon’s DUII Diversion Program Charlie and his attorney went to court and pled guilty. The court approved his petition to enter diversion.
Multnomah County Duii Diversion Program
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