Updated 1/19/2018
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.
DUII Conviction Sentences
Often our clients are unaware of the consequences they may be facing if convicted of DUII. Below, we have outlined the specific sentences for DUII convictions.
First DUII Offense
A first time DUII is classified as a misdemeanor. Typically, if you are charged for the first time with a DUII you will enter into the DUII Diversion Program. If you do not qualify then you will face the charges in the next category.
First DUII Conviction
A first time conviction is classified as a misdemeanor. Those convicted of DUII for the first time will face between 18 to 36 months of probation and 2-10 days in jail. As part of probation they will be barred from consuming alcohol and frequenting bars. Most often a first time offender will have to pay a fine of between $1,000 and $2,000 and will be required to pay the fees that accrue from the conviction. These fees will likely be several hundred dollars. In addition, the offender will be required to attend substance abuse treatment classes and face a one year suspension of their driver’s license. It is crucial that you hire a qualified Eugene DUII attorney to defend you when facing your first DUII charge.
Second DUII Conviction
When convicted for a second time of DUII probation is set to between 24 and 36 months and is classified as a misdemeanor offense. Like with a first DUII offense the guilty party will be banned from bars and prohibited from consuming alcohol as part of probation. They must also attend substance abuse treatment classes. The offender will be in jail from 8-30 days and pay a fine of $1,500-$3,500 in addition to the several hundred dollars in fees accrued from the conviction. A license suspension of 1 to 3 years also accompanies this conviction. A second time DUII offense requires a solid legal defense with the aid of a qualified Eugene lawyer.
Third+ Conviction (No prior DUI felonies and only one conviction in the last 10 years)
The third DUII conviction is also classified as a misdemeanor. Probation is set to 36 months or longer with a jail stay of between 30-180 days. Probation will include being banned from frequenting bars and consuming alcohol and mandatory substance abuse treatment classes. The fine will be set for at least $2,000 and up to $4,000 in addition to the fees that accrued which often add up to several hundred dollars. Once you’ve been convicted of DUII three times your driver’s license will be permanently revoked. If you are facing a third charge of DUII hire the best Eugene DUII attorney to defend you.
Third+ Conviction (Two previous convictions in the past 10 years)
The third DUII conviction with two previous convictions in the past 10 years is a felony. Probation is set between 36 and 60 months and includes a ban from bars and from consuming alcohol with mandatory substance abuse treatment classes. The offender will be in jail for at least 90 days and possibly face prison time. A fine of $2,000 to $4,000 will be set with additional fees that can be up to several hundred dollars. There is also a lifetime revocation of the offender’s driver’s license. Having a qualified Eugene DUII attorney on your side is crucial when facing your third DUII charge.
Eugene DUI Attorney 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.
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