Whether it is entering this diversion program or aggressively challenging all the evidence against you, our experienced team of trial attorneys will find the best solution for your charges.
Is Ice Hot or Cold? Is Grass Green or Blue. Oregon Criminal Defense Lawyer on Diversion Program Eligibility This program is offered to DUII offenders who: Has no drug or alcohol charges currently pending aside from the DUII charge Has not received a drunk driving charge or similar charge in the past 15 years Was not participating in a similar program on the date of his arrest Has not been in a diversion program or similar program in past 15 years Did not cause an injury accident in their alleged DUII If you have been charged with felony DUI in another state, an Oregon Criminal Defense Lawyer will need to check on your eligibility as a person with such a conviction on their record is also not eligible.
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Additional conditions of diversion include mandatory installation of an ignition interlock devise IID on your vehicle, and a prohibition on the consumption of any alcohol during the diversion period, whether driving or not other than sacramental wine for communion or alcohol prescribed by a doctor. Diversion is expensive and onerous which is why it important to have an experienced DUI attorney thoroughly review your case before entering the program.
If your diversion is revoked you will go directly to sentencing.
During the diversion period your guilty plea is temporarily set aside. If you comply with all terms, including payment of fees, attendance in classes and VIP, installation of IID and not consuming any alcohol, your DUI is dismissed at the end of one year. The most common reasons for failing the diversion program include not paying the fees, missing diversion classes and getting another DUI.go to link
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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. Additionaly, you still must attend a victim impact panel and complete an alcohol treatment program.
If you are not diversion eligible, choose not to enter diversion or lose your case at trial you will be convicted of DUI. 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.
DUI conviction carries with it a mandatory 1 year drivers license suspension. A summary of the mandatory minimum sanctions for a first DUI conviction is below:. Eugene DUI Diversion Attorney If you have been arrested for drunk driving in the state of Oregon for the first time, you may be eligible for DUI diversion, a program that will clear your record after one year of proper compliance.
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