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DUII Diversion Program Classes Portland – Oregon Drunk Driving Attorneys
ALERT: You must file for a DMV hearing to protect your ODL within 10 DAYS from the citation date!
In Oregon, a first-time DUII charge typically allows you to enter the drunk driving diversion program. There are diversion classes available in Portland, Clackamas County, and Washington County. A DUI lawyer in Portland can help you determine if you meet the eligibility requirements. If you enter the DUI diversion program, you have to complete the Portland Victim Impact Panel as well as be evaluated for alcohol treatment and follow through with the classes as recommended.
If you have additional charges, you will want to ensure that your DUI lawyer has experience with complex cases. If you enter diversion, you may give up the right to have a DUI lawyer work to have your charges dismissed together. Arnold Law’s DUI attorneys serving Portland aim to investigate clients’ cases to determine if there were any issues with the roadside testing or evidence collection that could potentially result in the dismissal of charges.
If you are looking for a DUI lawyer in Portland, ask about their relationship with investigators and expert witnesses. The strategy that a DUI lawyer uses in court can affect the outcome of your case. An Arnold Law DUI attorney, working for Portland clients, can draw from the experience of the entire Arnold Law team statewide.
Portland DUII Trial Lawyers
If you are not diversion eligible due to an injury or death or because you are a repeat DUII offender (2nd, 3rd, or 4th DUII), you need to try to hire the best DUI trial lawyer. Arnold Law tries cases and we fight hard. In every case our goal is powerful advocacy with proven results.
You are only eligible under Oregon’s diversion law (ORS 813.215) if you do not have a DUII or a prior diversion on your record in the last 15 years (or a controlled substances program similar to diversion treatment). Another factor in Oregon DUII diversion eligibility is to not have had an accident in the current case that inured someone other than yourself. A DUI lawyer can help you evaluate past and present charges that may affect eligibility.
The most unjust rule for diversion is that you must not have an Oregon commercial driver’s license. We aren’t just talking about driving a work truck but actually driving your personal vehicle after hours. There are some other qualifications as well, but what you see above are the most common reasons people cannot apply for diversion, even with the help of a DUI lawyer in Portland.A controlled substances DUII is eligible for DUII diversion like an alcohol DUII.
The first step to a drunk driving diversion class entry is to fill out the diversion paperwork and get it filed within thirty days from the date of your arraignment.
Once the court accepts your guilty plea, the plea is put into a lockbox of sorts and then thrown away if you successfully complete diversion. If you fail, it is taken back out and you are sentenced to a minimum of two days in jail or 80 hours of community service work. Your license would also be suspended for one year, you would be fined, and you now have to complete the alcohol treatment as a condition of probation.
One common way to fail Oregon diversion is by drinking alcohol. There is a mandatory ignition interlock that can detect if you drink and drive but the scientific validity is questionable and a DUI lawyer may be able to help you file a motion if you have an objection to the results.
As of January 1, 2016, the fee of $386 for DUI diversion may be paid in monthly payments but has to be completely satisfied within the 365-day period of the diversion program. Other Oregon diversion rules include completing an alcohol or drug diagnostic assessment, the Victim Impact Panel and the alcohol treatment group classes that you must attend every week.
For more information on how to protect your rights and decide if you should enter the diversion program, call Portland drunk driving attorneys at 503-477-7535 or chat with a representative right now (to the right).
Arnold Law – Portland Address:
520 S.W. Yamhill Street, Suite 200
Portland, Oregon 97204-1324
DUII (Driving Under the Influence of Intoxicants)
DUII - Eugene Railroad Tracks
Client accused of driving on to railroad tracks when officer finds client exiting from the driver's side of a vehicle stuck on tracks 1/4 mile from the nearest road. Case dismissed after jury trial after discovery that law enforcement failed to investigate homeless witnesses who remember a woman driving a car through their bedroom at 3 a.m.
DUII - Cottage Grove Railroad Tracks
Client accused of turning down railroad tracks by mistake. Client claimed that the actual driver ran away from scene after getting stuck. Mistrial granted by judge then case dismissed after negotiations due to prosecutor failing to disclose a material witness who saw someone running from the direction of client's car a few blocks away from tracks..
DUII - Refusal Due to Fear of Law Enforcement
Client refused to blow after having one of friend's homebrew after work. Client's refusal of FSTs and intoxilyzer was due to lack of trust of law enforcement. Jury acquitted (found not guilty) after three hours of deliberations.
DUII - Springfield Tavern Collision
Client accused of driving his truck into the side of the bar causing damage and then fleeing scene. Law enforcement arrested him later at his home after he had some drinks at home. After a two-day Springfield Municipal Court jury trial, where cross-examination focused on the police officers' flawed investigation (by failing to investigate client's claims of drinking at home AFTER driving), and after less than thirty minutes of deliberation, the jury found him not guilty of DUII. Client did not testify.
DUII - Car accident after Ducks game ends with dismissal
Client was seriously injured and required a hip replacement after a driver ran a stop sign and collided with his car. Despite client not being at fault in the accident, a blood draw at the hospital purportedly showed that client had a greater-than .08% BAC and he was cited for DUII. Arnold Law conducted an investigation of the hospital blood draw procedures and obtained the user guide for the hospital's Beckman Coulter Chemistry Analyzer that was used for the blood test. We were prepared at trial to prove that Client's BAC was on its way up, that there was a delay in blood vial being tested that likely resulted in fermentation of the sample, and that the hospital blood test was not as accurate as a crime lab blood test which was not performed in this case. The case was dismissed two days before the jury trial.
Diversion-eligible DUI dismissed
Client accused of DUI after being stopped for entering a crosswalk while stopping at a red light. Client’s breathalyzer result was .05%, and he was still accused of DUII. Case dismissed after client rejected diversion and decided to proceed to trial with aggressive defense strategy and several witnesses willing to testify to his lack of intoxication on the night in question. Case resolved with a plea to a traffic violation and a fine.
DUII/Hit and Run - Diversion on both counts
Client accused of Driving while Intoxicated, crashing, and fleeing the scene. Case ended with a diversion on both counts, saving client’s employment and allowing client to have clean criminal record.
DUII - Protecting professional licensing from state licensing board
Professional client was accused of driving while intoxicated and crashing into a utility pole with .15% blood alcohol content. Client had prior DUII diversion. Case ended with client being able to keep professional license, dismissal of all citations, and minimum sanctions allowed by law.