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legalgems
legalgems, Lawyer
Category: Legal
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Got a duii in Oregon 3 years ago. Did diversion program.

Customer Question

Got a duii in Oregon 3 years ago. Did diversion program. Just got another duii. Is this considered 1st or 2nd offense after completing diversion program from previous duii?
Submitted: 4 months ago.
Category: Legal
Expert:  legalgems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 4 months ago.

Thank you for your patience as I reviewed this; Under the diversion program, since a no contest or guilty plea is suspended until the diversion program is complete, upon completion there is no conviction and the case is dismissed with prejudice- meaning that the particular case cannot be re-tried. Since there is no conviction, it does not count as a DUI. The arrest record still remains. Relevant statutes are here

The diversion program does not exclude prior participants:

http://courts.oregon.gov/Washington/docs/Programs/DUII_DIVERSION_PROGRAM_CONDITIONS_AND_REQUIREMENTS.pdf

Here are the penalties for first time offenders:

http://www.oregonlaws.org/ors/813.010

The statute only references convictions, not charges:

In addition to any other sentence that may be imposed, the court shall impose one or more of the following fines on a person convicted of driving while under the influence of intoxicants as follows:(a)For a persons first conviction, a minimum of $1,000.(b)For a persons second conviction, a minimum of $1,500.(c)For a persons third or subsequent conviction, a minimum of $2,000 if the person is not sentenced to a term of imprisonment.

Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned 5 stars *****as I strive to provide my customers with great service.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Customer: replied 4 months ago.
just to be clear here... I'm looking at 1st duii charges then?
Expert:  legalgems replied 4 months ago.

Yes, as the statute only addresses convictions, and the diversion program results in a dismissal, not a conviction.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars *****

as I strive to provide my customers with great service.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
Do I need to hire a lawyer since I'm not eligible for diversion this time?
Expert:  legalgems replied 4 months ago.

Whenever one is charged with a criminal offense it is prudent to hire an attorney. The reason is that the attorney will know which judge/prosecutor to try and get the case in front of for the most favorable outcome; also they have working relationships so they can usually work out a better deal than the individual would be able to do on their own. With DUIs there are so many ways to challenge the legal process and they specialize in that and usually have a team of experts to assist.

Customer: replied 4 months ago.
Price point I should be looking for?
Expert:  legalgems replied 4 months ago.

It depends on location (ie city/rural) and the prestige of the individual attorney.

Some charge flat fees, others charge hourly.

Most people prefer flat fees so they know exactly what their costs are. Some attorneys charge around $1,500-2,500; others charge significantly more. They usually have one price if the case settles, and another price if it goes to trial.

Customer: replied 4 months ago.
Is there anything specific about Oregon law that I need to know in this situation?
Expert:  legalgems replied 4 months ago.

In regards ***** ***** exactly? For example, criminal procedure, or substantive law? Normally the attorney will be aware of the procedural issue, and will do case law research to locate similar cases to help negotiate a favorable plea; if one intends to self represent, I wouldn't be able to cover all of the basis as that requires extensive reading and many hours of preparation (one needs to become familiar with, for example, the discovery process, how to cross examine police officers, etc).

Expert:  legalgems replied 4 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!