Law Office of
John E. Gutbezahl, LLC
5 Centerpointe Drive Suite 400
Lake Oswego, Oregon 97035
Consistent with the benign notion that everyone deserves a second chance, the Oregon legislature has provided that a first-time drunk driving offender may his/her charge dismissed by entering into a diversion program. This law has been codified as ORS 813.215 and obtains only under a certain set of conditions. Firstly, you must not have had a DUII conviction or been entered into a prior DUII diversion within the last 15 years. Secondly, your DUII must not have involved an accident wherein someone else was injured. And finally, your driver’s license must not have a “commercial operator” certification for which the standards of accountability are much higher. In addition you must not have been convicted of any driving offense arising to the level of a criminal offense within the last 15 years. Such offenses might include reckless driving, criminal mischief or a host of other offenses in which an automobile was used in the commission of such act.
A prerequisite to entering into the Oregon diversion program is that you will be obliged to plead “guilty” or “no contest” to the charge. Some judges, depending upon their demeanor, refuse to accept a plea of “no contest” plea for diversion purposes despite the fact that such a plea is statutorily authorized. Your plea, whether “guilty” or “no contest” is held in a state of legal limbo during the diversion period. If you fulfill all the requirements of the program including abstinence from drugs or alcohol, consent to a mandatory ignition interlock device and otherwise stay out of legal trouble, your DUII will be dismissed at the end of one year.
While diversion is the preferred outcome, there are still substantial costs associated with it. There is a fee of $490. A fee of $150 dollars must be paid for an alcohol diagnostic assessment. A victim impact panel fee can run as much as $50. Diversion class costs and the monthly rental fee for the ignition interlock device vary depending upon the source from which they are acquired, but easily surpass all the above expenditures. If you fail to comply with any one of Oregon’s diversion requirements, the court could terminate it and sentence you under your guilty plea. The mandatory minimum for a DUII is two days jail or 80 hours community service work and a $1,000 fine. There’s an additional $2,000 fine if your BAC was 0.15% or higher. AND you still have to do the victim impact panel and alcohol treatment as part of probation.
If this is your first DUII arrest we strongly recommend that you acquire the type of professional representation that can argue your case or at least successfully acquire a diversion program admission for you. If you or a loved one has been charged with a DUII offense don't hesitate to call our Oregon DUII attorney defense team at The Law Offices of John Gutbezahl, LLC immediately at 503-226-0188. The initial consultation with us is free of charge, so you have nothing to lose and a future of freedom to gain. We pick up the phone 24 hours a day. Time is of the essence in these DUII cases, so let's get an early start on securing your future now.