When you need an Experienced DUI Diversion Attorney
Paul F. Sherman is an experienced DUI Diversion Attorney. He offers a FREE DUI Diversion Consultation.
In the past, a DUI defendant seeking to enter DUII diversion in the State of Oregon often had no need for an attorney, because they did not have to admit to the DUII offense or give up the numerous constitutional rights associated with a plea of “guilty” or “no-contest.”
Today, a person seeking to enter diversion on a DUII must first plead guilty or no-contest to the DUII charge. Few people will want to plead guilty to an Oregon DUII (a Class A misdemeanor crime) without the assistance of an experienced DUII attorney. This is especially true when a criminal conviction and court sentence are now automatic if diversion is terminated for any reason. This results in mandatory jail time and license suspension. There is no trial and no get out of jail free card.
Paul F. Sherman provides experienced and affordable legal assistance to persons seeking to enter the DUI diversion program in Oregon. Mr. Sherman can provide experienced advice about:
(1) Your tickets; the court process, license suspension appeals, and hardship permits;
(2) Representing you in an appeal of your implied consent license suspension (the suspension you face for failing or refusing a breath or blood test);
(3) Appearing with you at ALL court appearances [in some counties a retained attorney can waive your first appearance altogether];
(4) Completing the diversion petition, affidavit of eligibility, and your petition to enter a plea of guilty or no contest;
(5) Entering your plea;
(6) Defending you against additional charges (reckless driving, criminal mischief, hit and run, failure to perform the duties of an operator, failure to blow, eluding a police officer) you may face, if any; and
(7) Provide you with valuable advice on successfully completing the diversion requirements so you can avoid the mistakes which result in failing diversion and ending up with a DUI conviction.
Give the Law Offices of Paul F. Sherman a call today at (503) 223-8441 if you would like assistance with Diversion, your pending DUII charge and license suspension.
Commercial Driver License (CDL) Holders Are Not Eligible for Diversion
In 2005, Oregon banned holders of a commercial drivers license from entering into diversion and related deferred prosecution agreements on traffic offenses even if license holder was not driving a commercial vehicle at the time of the incident. Contact an experienced attorney to learn more.
How do I know if I am eligible for the Oregon DUII diversion program?
Under current law, The Court will look back 15 years before the date of the commission of the present defense to determine your elgibiltiy for diversion. This change increases the need for an experienced DUII attorney to avoid substantial jail time and possible lifetime loss of driving privileges.
As a general rule, a person may be eligible for the Oregon DUII Diversion program if:
(1) in the last 15 years they have not had a prior DUII conviction, a prior DUII or drug diversion, or a prior court ordered drug or alcohol treatment; and
(2) the present incident did not involve an accident where someone other than the defendant was killed or seriously injured.
The Eligibility for Diversion requirements are set forth in ORS 813.215. A defendant is eligible for diversion if:
(1) The defendant had no charge of an offense of DUII or its statutory counterpart in any jurisdiction, other than the charge for the present offense, pending on the date the defendant filed the petition for a DUII diversion agreement;
(2) The defendant has not been convicted of an offense described in paragraph (1) within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a DUII diversion agreement;
(3) The defendant was not participating in a DUII diversion program or in any similar alcohol or drug rehabilitation program, other than a program entered into as a result of the charge for the present offense, in this state or in any other jurisdiction on the date the defendant filed the petition for a DUII diversion agreement;
(4) The defendant did not participate in a diversion or rehabilitation program described in paragraph (3), other than a program entered into as a result of the charge for the present 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 DUII diversion agreement;
(5) The defendant had no charge of an offense of aggravated vehicular homicide, or murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in any other jurisdiction on the date the defendant filed the petition for a DUII diversion agreement;
(6) The defendant has not been convicted of an offense described in paragraph (5) within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a DUII diversion agreement;
(7) The defendant did NOT hold a commercial driver license at the time of the offense;
(8) The defendant was not operating a commercial motor vehicle at the time of the offense; and
(9) The present DUII offense did not involve an accident resulting in: (a) Death of any person other than the defendant; or (b) Physical injury as defined in ORS 161.015 to any person other than the defendant
(10) The defendant does not have a prior felony DUI conviction in any state.
It is important to note that entry into DUII diversion does not effect any license suspension that may have been imposed for a breath/blood test failure or refusal. A challenge to this suspension must be done in a separate proceeding. Also entry into diversion does not effect other criminal charges (such as reckless driving). Diversion is available only on the DUII charge. An experienced attorney can assist you in having related charges dismissed, or substantially reduced for successfully completing diversion.
How much is the Oregon DUI diversion program going to cost?
There are no fines associated with Oregon DUI diversion. [You can ignore the "base fine" amount on your ticket if you enter the program.] However, there are a number of fees that are required for completion of the program. Participants can expect to pay the following approximate amounts:
· $458 in fees to the court;
· $150 for the alcohol evaluation;
· $50 or less for the victims impact treatment session;
· Fees for each of the alcohol / drug treatment classes.
How does a Diversion appear on my record?
A DUI diversion will go on your Oregon driving (DMV) record as a diversion. [The notation is generally abbreviated as "DIVR".] Oregon does not use a point system so points are not assessed. In the State of Oregon, DUI diversions, and DUI convictions cannot be expunged or sealed.
What about my license suspension?
Oregon DUII Diversion programs allow eligible individuals to avoid a DUII conviction and resulting license suspension as well as other serious sentencing penalties upon successful completion of the diversion program requirements. A successful completion of diversion results in the dismissal of the DUII charge at the end of one year. For more information about the Oregon DUII diversion program, call Paul Sherman today at (503) 223-8441 for a FREE Diversion consultation.
The treatment fees will vary depending on the provider you select and the length of treatment that you are required to complete. These fees are often covered by your Health Insurance.
Entry into diversion has no effect on your implied consent license suspension. However, successful completion of diversion means that you will receive no additional license suspension for a DUII conviction. There is a mandatory one year license suspension for a first time DUII conviction. The penalties go up from there – including life time suspensions for repeat offenders.
Contact our firm to learn more about DUII Diversion and our practice areas.
The Law Offices of Paul F. Sherman
1314 NW Irving Street. Suite 207
Portland, OR 97209