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DUI Lawyer Eugene, Oregon  – DUI Diversion Law

Updated 5/11/2017

Have you been charged with DUII in Eugene, Oregon? Are you interested in learning more about DUI diversion eligibility? Oregon Revised Statute 803.215 governs eligibility for driving under the influence of intoxicants diversion programs. In Oregon, it is possible to escape the full ramifications of a DUII conviction if your satisfy a few basic requirements. Like most states, Oregon law carries stiff penalties for those who drive under the influence of intoxicants. Being convicted of this crime can result in long-term, life-changing consequences. It pays to enter a diversion problem if you qualify.

Be advised: Oregon DUI law is complex. Without the help of an experienced Eugene DUI lawyer, it can be very difficult to handle the legal minutiae of DUI diversion on your own. A thorough understanding of the laws in question in an absolute necessity when it comes to successful plying the waters of DUII law.  Eugene, Oregon DUI attorneys Veralrud and Fowler have the experience you need to successfully complete DUI diversion.

ORS 803.215

ORS 803.215 is broken into 3 sections. Section 1 defines who eligible for DUI diversion programs. Section 2 provides information about a very specific case that could be questionable in Section 1. Section 3 provides a “statute of limitations” of sorts for DUI diversion programs.

DUI Diversion Eligibility

Eligibility for DUI diversion programs depends on the following conditions being met, according to ORS 801.215, Section 1:

“On the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement, the defendant had no charge, other than the charge for the present offense, pending for: (A) And offense of driving whole under the influence of intoxicants in violation of (i) ORS 813.010 (driving under the influence of intoxicants)…”

Let’s stop here for a second. ORS 813.010 is a complex piece of law we need not get into right now. Suffice it to say, if you have had a DUI conviction in Oregon or “the statutory counterpart to 813.010 (Driving under the influence of intoxicants) in another jurisdiction…” (in other words, if you were convicted of DUI in another state) you are not eligible for DUI diversion. You need the help of a DUI lawyer in Eugene, Oregon like Veralrud and Fowler to sort out where to turn next. States generally do a very good job of communicating with one another about previous DUI convictions. If you have been charged with DUI and you know you have a previous conviction from another state on your record, waste no time contacting your attorney. Even though it is unlikely you will be able to enter into diversion, experienced DUI lawyers know how to get you the best deal. Do not just concede your case to the local attorney. Thousands of dollars and quite possibly years of your life are at stake.

(1)(b) says that if you have not been convicted of a DUI offense within 15 years of the petition for DUI diversion, you are in the clear. You must never have been convicted of felony DUII (c). You must not already be enrolled in a diversion program (d), (e). You must not have a pending case for “aggravated vehicular homicide or murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle (f)”. Commercial drivers are ineligible (h), (i). Finally, the DUI in question must not have resulted in death or physical injury (j).

Education is the entire idea behind a diversion program. If someone lacked the essential skills to avoid DUI, or so the reasoning goes, they deserve a chance to learn. If you have been a DUII situation after having completed a diversion program, you have already spent your chance.

DUI injury accidents carry increased penalties compared to simple DUI accidents involving only damage to vehicles. Those accidents that result in permanent injury or death often demand lengthy prison sentences. DUI diversion programs interdict these sorts of situations before they occur. Your DUI lawyers want to help you acquire the skills and habits to avoid future legal troubles. This is not all about fines and jail time. Avoiding a DUI could mean saving a life.

Do It Yourself? No Way!

Now that you know a little more about what legally qualifies a person to be eligible for DUI diversion programs in Eugene, Oregon, you might be tempted to try and go forward with the DUI diversion process on your own. Stop! The fact is, dealing with the Oregon legal system can be challenging, frustrating, and expensive. Lay people often get the short end of the stick when they attempt to represent themselves.

States’ attorneys and public defenders generally do their jobs competently, but without private representation you have no control over the quality of your council. There is a perception out there that hiring a private attorney is expensive, but consider this: the fines and possible jail time you can avoid by entering into a diversion program now will more than pay for the cost of your legal fees. Perhaps even more importantly, you will gain a powerful ally in any other legal situation that crops up in the future. An investment in council is an investment in your own successful future.

DUI Diversion Attorney in Eugene

That’s why, after a DUI, you should always call a Eugene DUII lawyer. If you have the presence of mind, call your attorney as soon as you know you are being pulled over. Put them on speaker phone so they can hear the entire conversation between the officer and yourself. Advise the officer that you are are currently employing the services of council. In a vulnerable situation, you need all the protection the legal structure can offer. Do not let yourself fall victim to complicated and self-referential DUII law. Eugene law firm Veralrud and Fowler have the driving under the influence of intoxicants legal experience to successfully defend your interests. Give them a call today for a free consultation.

Give Us a Call at 541-345-3333 for a Free Consultation About Your Case or Send Us an Email Below

975 Oak Street, Suite 798

Eugene, OR 97401

Phone  (541) 345-3333
Fax  (541) 342-1908

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