Archive for the ‘What is a DUII Diversion?’ Category

DUII Charges

When you get arrested and charged with a drunk driving offense, your next move should be to contact an attorney.  You see, you might not think that you have the potential to get your charges reduced or dismissed but that’s exactly what a skilled Portland DUII attorney can do for you.   Squire Bozorth has represented several clients, with a wide range of charges, over the years and he can help you get the best outcome out of your case.

If you’re convicted in Multnomah county, there are different options that might be available to you versus Clackamas County or Washington County.    Depending on the circumstances of your case, your DUII charges could land you in jail, face community service, DUII Diversion,  fines, alcohol counseling, probation, and/or suspension of your Oregon drivers license.   To give yourself the best chance at beating these charges or getting them reduced, you need to contact Portland DUII attorney Squire Bozorth today.

Portland DUII Attorney

When you retain Mr. Bozorth, he will analyze and examine each detail of your Portland DUI case and will make efforts to create a defense to your charges.  There are many areas that are considered arguable points of a case such as a blood and breath tests where the methods of administration may play a factor in your case.    For example, if the test was not administered properly, this may be grounds for dismissal since your reported blood alcohol concentration may not be fully accurate.   It’s important for your Portland DUI Defense attorney to find inconsistencies or inaccuracies in your case to exploit potential factors to get your charges reduced or dismissed.

Contact Portland DUII Lawyer Squire Bozorth today for assistance in your Drunk Driving case.

A “Diversion” is potentially available to people charged with DUII conditioned upon the following:

1. There are no other charges of DUII (or a like offense from another jurisdiction) pending when the petition is filed.
2. The accused petitioner has not been convicted of a DUII or like offense within the period beginning 10 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.
3. The petitioner has never been convicted of felony DUII.
4. The petitioner isn’t at the time of filing, nor within the previous 10 years of filing, participating or participated in a driving while under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program.
5. The petitioner has no charge of an offense of aggravated vehicular homicide or of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in another jurisdiction on the date the petitoner files the petition for a driving while under the influence of intoxicants diversion agreement.
6. The petitioner has not been convicted of an offense of aggravated vehicular homicide or of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehiclewithin the period beginning 10 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.
7. The petitioner did not hold a commercial driver license on the date of the commission of the offense.
8. The petitioner was not operating a commercial motor vehicle at the time of the offense.
9. The present driving while under the influence of intoxicants offense did not involve an accident resulting in the death of any person or physical injury as defined in ORS 161.015 to any person other than the defendant.

A diversion generally lasts one year (extensions for an additional 6 months are possible) and if successfully completed results in the dismissal of the DUII charge. A plea of guilty or no contest is required to enter the diversion program. Some of the standard requirements of the diversion program include an alcohol and drug evaluation and a recommended course of treatment. Length of treatment can vary based upon the outcome of the evaluation, however, the course of treatment can be completed within the year if the petitioner is dilligent in obtaining the evalution and entering the course of treatment. Many counties also require a one time attendance at a Victim Impact Panel. Other requirements may also be imposed.

If you are being denied diversion because the District Attorney maintains you are ineligible for any of the above reasons, all is not lost. Careful examination of your case and its facts by an experienced DUII attorney can uncover errors on the part of the district attorney or possible lines of attack that may still open the door for diversion entry.