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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16503
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I live in Oregon. got a DUI in December 2012 and am in diversion.

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I live in Oregon. got a DUI in December 2012 and am in diversion. I am require to have an ignition interlock device. I blew a fail this morning and did nor have tie to retest as I was running late for work. What happens now?

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Welcome to JustAnswer.com

Customer: Yes
Alex J. Esq. :

I am sorry to hear about this unfortunate situation.

Alex J. Esq. :

Can you please tell me as to why you think the device failed?

Customer: No idea
Customer: Maybe bread I had that I made on the bread maker
Alex J. Esq. :

So, you did not re-test and did not drive this morning?

Customer: No, I did not retest and have still not retested
Alex J. Esq. :

Have you been contacted by your PO yet?

Customer: I don't have a p o
Customer: I'm a first time offender in diversion
Alex J. Esq. :

How is your diversion program monitored?

Customer: I had 3 months of random drug testing and now it's on the honor system
Customer: I have had no violations in the program til this morning
Alex J. Esq. :

I understand and it is a good thing you did not attempt to restart the car, since if someone fails several tests, it shows to the state that the person is capable and intending to drive while intoxicated.

Alex J. Esq. :

Unfortunately, the reading of this failed test will be forwarded to the DMV and also to your diversion program coordinator

Customer:

What happens then?

Alex J. Esq. :

It would be up to their discretion whether to they will send you a notice to show cause and you will be questioned about this incident.

Customer:

Can my diversion be revoked?

Alex J. Esq. :

If that does happen, you would want to consult and retain local DUI defense attorney.

Alex J. Esq. :

Yes

Alex J. Esq. :

But, generally not likely for one single fail.

Customer:

based on one single failure to retest?

Customer:

ok, so what do i do now?

Alex J. Esq. :

How long have you been in diversion and with IID?

Customer:

wait to be contacted by the coordinator?

Customer:

I've been in diversion since January

Alex J. Esq. :

There are two ways this can be handled. Someone in your situation can contact the coordinator or wait to see if you get a notice from DMV or the court.

Alex J. Esq. :

The option would depend on your specific case and I would suggest that you contact your local DUI attorney who represented you in your DUI case and know everything about your case and follow his/her advice.

Alex J. Esq. :

Does this make sense?

Customer:

what do i tell the coordinator if they call me?

Alex J. Esq. :

I cannot tell you what to tell your coordinator, but generally it is a good idea to tell the truth or remain silent, in order not to incriminate oneself.

Customer:

ok, thank you.

Alex J. Esq. :

Generally, one fail would not trigger serious consequences, but it is important to be careful and if you think your IID is malfunctioning, the it would need to be reported to the installer and to have it checked out and properly callibrated.

Alex J. Esq. :

Does this make sense?

Customer:

Yes, thank you for lowering my anxiety. i totally thought I would get kicked out of diversion

Alex J. Esq. :

Well, it is not likely, but do consult with your local attorney and also please remember that generally people who are in diversion for DUI are not permitted to drink any alcoholic beverages (I am not saying that you did in any way).

Alex J. Esq. :

Do you have any related follow up questions for me?

Customer:

Thank you for your help. No follow up questions.

Alex J. Esq. :

I wish you the best of luck.

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