DUII Penalties Explained: What To Expect If You’re Convicted in Oregon

Drunk driving is a far too common occurrence on today’s roads. Shockingly, the average drunk driver has operated a vehicle under the influence 80 times before they’re ever arrested. But that doesn’t mean making the decision to drive drunk won’t come with consequences. Police departments are cracking down on this issue all across the country — so whether it’s your first time or your 50th time getting behind the wheel while intoxicated, you’ll have to deal with some massive ramifications if you are arrested.

In Oregon, there are certain penalties you’ll incur if you’re arrested for drunk driving, which may still apply even if you aren’t convicted. And if you doend up with a DUII conviction on your record, the consequences will be even more severe (particularly if you’ve been convicted of DUII charges before). For these reasons alone, hiring a DUII lawyer becomes essential. While even the best DUII attorneys may not be able to have the charges against you dropped completely, having reputable legal representation will increase your chances of a more positive outcome.

What are the penalties for DUII arrests and convictions in Oregon?

    • License Suspension/Revocation: Oregon has what are known as implied consent laws, meaning that refusing to take a breath or blood test upon your arrest will actually have the same outcome as failing these tests — a driver’s license suspension. Your license may be suspended for 90 days or up to three years simply due to your arrest and your failure or refusal to take the test. If you are subsequently convicted for a DUII, your license will be suspended for at least a year; it can even be revoked permanently if this is your third DUII conviction.

 

    • Ignition Interlock Installation: If you apply for a hardship permit (i.e., an exception to your license suspension that could allow you to drive to work and to drug/alcohol treatment) or once your suspension period is up, you’ll be required to install an ignition interlock device in your vehicle. The period for this installation will be determined by the severity of your crime; for example, a first-time offender will have to keep an IID in their car for a year following the one-year license suspension period, while a second-time offender will need an IID in their vehicle for two years once their three-year license suspension period is up. This device will require the driver to pass a BAC test each time they drive to ensure compliance.

 

    • Fines, Fees, and/or Restitution: If you’re convicted of a DUII, you’ll have to pay substantial fines. At a minimum, this fine will be $1,000 — but fines may be as high as $10,000. In addition, you’ll have to pay fees to the court system (including the costs associated with IID installation and maintenance). And if you damaged any property or caused any injuries as a result of your drunk driving, the court may force you to pay restitution as part of your sentencing.

 

    • Jail Time, Community Service, or Prison: First-time DUII offenders will typically be sentenced to either 80 days of community service or jail time, which can range from a couple of days to an entire year. Those who are convicted of multiple DUII offenses may face anywhere from 10 to 180 days in jail. In general, probationary periods can last for up to three years, during which other regulations must be met. Those who commit a felony DUII may face 13 to 60 months in prison, which makes hiring a DUII lawyer a must.

 

  • Drug/Alcohol Treatment and Victim Impact Panel: If you are convicted of a DUII, you will be required to participate in (and pay for) a drug and alcohol treatment program. You could potentially be eligible for a DUII diversion program in lieu of a conviction, which also involves a treatment program. You will also have to pay for and partake in a victim impact panel to understand how accidents involving drunk drivers have devastated victims and their families.

With the serious legal and financial penalties that come with DUII arrests and convictions, it’s clear that hiring a DUII lawyer for your case is vital. To find out about hiring a DUII lawyer for yourself or for a loved one, please contact us today.

Exploring the Differences Between First Offense DUIs and Second Offense DUIs in Oregon

An average drunk driver has driven drunk 80 times before their first arrest, but after getting charged and convicted of a DUI a first time, nobody ever thinks drunk driving is a mistake they’d repeat. But it does happen, and it can come with more severe punishments and penalties. Each state has different laws regarding first offense DUIs and second offense DUIs, and it helps to know what you’re in for to help you deter you from ever again getting behind the wheel when you shouldn’t. With that in mind, here’s a quick rundown explaining the main differences between a first offense DUI and a second offense DUI in Oregon.

First Time DUI Offense in Oregon

The State of Oregon prohibits the operation of a motor vehicle by a driver with a .08 percent or above blood alcohol concentration (BAC). If you get charged and convicted of DUI for the first time, you may be faced with anywhere from two days to one year of jail time. Other potential penalties include 80 hours of community service, fines up to $10,000 if a child is in the car, and license suspension for up to a year. After the suspension, you may be subject to installation of an ignition lock device that disables a vehicle from starting unless the driver can pass a BAC test. Finally, you can typically expect to have to participate in a drug and alcohol program like the Victim’s Impact Panel Program. Of course, a criminal defense attorney in Beaverton can help navigate your case and lower your penalties.

Second Time DUI Offense in Oregon

If you get charged and convicted of DUI in Oregon for the second time, you’ll be faced with up to a year in jail time. The minimum fine is $1,500, and your license may be suspended for up to three years if the offense occurred within five years of the first offense. You can also expect to have to install an ignition lock device for two years after the suspension, and like before, you’ll have to participate in various drug programs.

About 10% of licensed drivers are under 21, yet they are responsible for 17% of fatal alcohol-related crashes. Regardless of your age, however, it’s always best to contact a criminal defense attorney in Beaverton to help navigate your case and get your punishment reduced. For more information about DUI attorneys, contact Jared Justice.

3 Important Questions To Ask Your Prostitution Defense Lawyer

Every year, nearly 80,000 Americans are arrested for soliciting sex. Legal statistics point out that even more individuals are arrested for prostitution than for paying or promising to pay for sex. Unfortunately, these arrests can have drastic consequences for those involved. That’s why it’s essential to contact a sex crime defense attorney if you find yourself in this type of situation. But the process of vetting possible prostitution lawyers can feel intimidating for many people. When you meet with your attorney for an initial consultation, here are three questions you can’t forget to ask.

What is your experience with cases like these?

Every lawyer has their own set of experiences and areas of practice. While that doesn’t mean that a single firm can’t handle a variety of cases, it does mean that most will focus on certain types of law. In the same way that you wouldn’t book an appointment with a cardiologist if you were suffering from a neurological disorder, you shouldn’t hire a real estate attorney to take on your personal injury case. Although you may weed out some of the poorest legal fits in your initial search, it’s still a good idea to find out what kind of experience your attorney has had with sex crimes cases. You can’t afford to trust someone with very little first-hand knowledge of these cases, particularly if your case will end up going to trial in a court of law. Ask for specifics and don’t be afraid to grill your lawyer a bit on exactly how familiar they are with these cases before officially hiring them to represent you.

What are the likely outcomes for my case?

It’s important that your prostitution lawyer is straightforward with you about the likely scenarios that could play out in court. In other words: they shouldn’t tell you what you what you want to hear instead of the truth. Making promises that they can win your case when you’ve got an uphill battle in front of you will do you absolutely no favors. Even if your lawyer is highly revered, they cannot guarantee a result. They can, however, provide you with an educated assessment of how your case may play out and the consequences you could face. Having a lawyer you can trust to protect your interests and to provide you with logical advice is key.

What is your strategy for my case?

Not only do you need to analyze your prostitution lawyer’s experience and their predictions for your case’s outcome, but you also need to determine what their strategy recommendation will be. Your lawyer should explain what they feel are the best ways to handle your case, as well as the potential pros and cons of these strategies. They should also be upfront about whether there might be a way to avoid a trial altogether — though if they feel it’s in your best interests to fight in court, that should also be part of the conversation. Once you have a better idea of how this attorney would approach your case, you’ll be able to compare this assessment to the information you receive from other possible candidates and see which feels right to you.

If you are facing sex crime charges, hiring a prostitution lawyer is vital. But knowing how to choose your attorney can feel daunting. By conducting thorough research and asking the right questions, you may feel much better equipped to take on this responsibility and make a decision that can help protect your rights.

4 Things to Know if You’re Arrested in a Prostitution Sting

Contrary to popular belief, prostitution is not actually a “victimless crime.” The idea that this criminal act is performed only between two consenting adults and that no one is harmed as a result is a pervasive myth. Many of the individuals who engage in prostitution forced to do so against their will, do so as a result of their circumstances or are legally unable to consent. There are also those who are caught up in these situations by mistake or poor judgment and must deal with significant legal consequences and even public shaming as a result. But if you are arrested in culmination with a prostitution sting, the ramifications could be very serious. Here are four things you should know if you are arrested in a prostitution sting.

    1. You could be convicted even if no sexual act took place: You might assume that if you never went through with the act outlined in your agreement, you’ll be in the clear. But the law states that you can still be charged and convicted even if the act doesn’t take place. Keep in mind that during a nationwide sting that resulted in 1,000 arrests, nearly two-fifths of those stemmed from online prostitution ads. However, prosecutors don’t have to actually prove that the sexual acts actually took place in order to convict. They just have to prove that an offer has been made and accepted to exchange money or another item of value for sexual contact. As long as they have evidence that this occurred, you can’t defend yourself with the fact that the act itself never happened.
    2. You might be charged with a felony or be forced to register as a sex offender: As we referenced earlier, the act of prostitution may involve those who are legally unable to consent. And if your case involves such individuals — i.e., minors — you could face even more substantial punishment. If you promote or engage in prostitution and a person under the age of legal consent is involved, you may face a felony charge and may even be required to register as a sex offender. These charges will be even worse if you have other prostitution charges on your record. This type of punishment could mean huge fees, prison time, and difficulties in securing housing and employment for the rest of your life. That’s why it’s essential for those facing any type of prostitution charges to contact a reputable sex crime defense attorney in Clackamas County.
    3. You can invoke your right to stay silent: If you are arrested for sex crimes like these, it’s imperative that you exercise your right to remain silent until your prostitution lawyers are present. You can choose to respectfully refrain from answering any questions; once you verbalize that you will remain silent until your attorney has arrived, the police cannot interrogate you any longer. This is the best way to ensure that your rights are protected and that your sex crime defense attorney in Clackamas County is able to defend you in court.
    4. There may be ways to dismiss or reduce the charges: This may not be true in every case, particularly when evidence is gathered to the letter of the law. However, law enforcement officers involved in prostitution stings don’t always play by the rules every time. Your sex crime defense attorney in Clackamas County may be able to argue that the evidence against you was gathered illegally or that police misconduct makes certain evidence inadmissible in a court of law. There is, of course, no guarantee that your lawyer will be able to get your charges reduced or dropped entirely, particularly if prosecutors have a very strong case against you. However, contacting a lawyer is the best way to make sure someone is fighting for your rights every step of the way.

As we’ve mentioned, contacting a sex crime defense attorney in Clackamas County provides you with the best opportunity for true justice. Because prostitution laws are so complex, it’s vital to have a knowledgeable legal team by your side. For more information, contact our firm today.

Understanding the DUII Diversion Program in Oregon

what is duii diversionIn Oregon, the decision to drink and drive can come with some serious consequences. Intoxicated drivers who choose to operate a vehicle and have a blood alcohol concentration (BAC) of .08% or above are breaking the law and will be arrested if they are caught. But if this is your first time being arrested for driving under the influence, you may be able to have your charges dismissed if you opt to participate in a program known as DUII diversion. What is DUII diversion and what’s involved in the DUII diversion process? We’ll discuss those questions in today’s post.

What Is DUII Diversion?

If you are facing a DUII conviction and have already met with a lawyer, you may have heard this program mentioned and wondered, “what is DUII diversion, anyway?” This is a program open to certain individuals who have been arrested on DUII charges. Upon successful completion of this program, participants are able to have their DUII charges dismissed. This is an attractive option for many people who want to avoid a trial and the potential consequences of a conviction. This program typically lasts for one year and involves drug and alcohol treatment, victim impact panels, fees, and the installation of vehicular ignition interlock devices.

Am I Eligible For a DUII Diversion Program?

In order to avoid a DUII conviction through a DUII diversion program, you will need to meet a rather strict set of criteria. You must never have been charged with or convicted of a DUII (or DUI/DWI) in the past in any jurisdiction within the last 15 years. You will be deemed ineligible for a diversion program if you have already participated in such a program within the last 15 years, as well. You cannot have been charged with assault, criminally negligent homicide, manslaughter, or murder related to this vehicle-related charge or others in your past, nor can you participate in the program if the offense in question involved your operation of a commercial motor vehicle. You can’t even hold commercial driver privileges at the time you committed the offense in question. Your DUII charges cannot involve physical injury or death of anyone else, and you cannot have been convicted of a felony DUII/DUI/DWI anywhere else to be eligible. There may be other requirements and conditions you must meet in order to be eligible for a diversion program, so it’s best to consult with a reputable attorney to find out for sure whether this may be an option for you.

What’s Required During the DUII Diversion Process?

If you’re curious to know what is DUII diversion and what is required of participants within this program, your lawyer will be an excellent resource. When you agree to enter into a diversion program, you will be required to sign an agreement with the court that says your charges will be dismissed if you complete everything that’s required of you within a certain time frame (typically within a year). You’ll need to undergo an evaluation to determine what type of treatment you require and complete the drug or alcohol treatment (usually in a classroom setting). You will also be required to go to a victims’ impact treatment session once during your program. You must make a commitment to abstaining from alcohol and drug consumption for the entirety of the program. You’ll need to install an ignition interlock device on any and all vehicles you drive during the program, even if your license is already suspended. Finally, you will need to pay for assessments, fees, and other costs during this time. Your DUII diversion attorneys will inform you that you have to plead “not guilty” or “no contest” in order to enter this program; be aware that if you do not complete the program and violate this agreement, this will impact the outcome of your case. However, if you do complete the program successfully, you will be able to file a motion with your lawyer to dismiss the DUII charge.

For many people who are facing their first DUII charge, understanding exactly what is DUII diversion and the benefits of this type of program will be essential. To find out more or to explore the options available to you, contact our law firm today.

Promoting Vs. Compelling Prostitution in Oregon: Differences Explained

criminaldefenseattorneySex crimes involving prostitution are typically taken quite seriously in the United States. The stakes are high for anyone involved in this type of crime — not only due to the possible legal consequences but to the social stigma involved, as well. In Oregon, prostitution is illegal, as is the act of solicitation (also known as paying for a prostitute). But these are not the only cases prostitution lawyers handle. Depending on the circumstances, you could find yourself charged with promoting prostitution or compelling prostitution. Let’s take a look at the differences between these charges and examine what you should do if you are facing allegations like these.

Promoting Prostitution

An individual may be charged with promoting prostitution if they knowingly and intentionally own, control, manage, supervise, or maintain a place where prostitution is done or a prostitution enterprise; if they cause or induce another person to engage in prostitution or remain in a place where prostitution is done; if they receive or agree to receive money, property, goods, services, or some other item of value known to be derived from prostitution activities; or if they engage in any conduct that aids, facilitates, or institutes an act or enterprise of prostitution. This crime is informally known as pimping.

The charges of promoting prostitution are more serious than solicitation or prostitution itself. This is a Class C felony. It’s therefore punishable by up to five years in prison and up to $125,000 in fines. Not every individual found guilty of promoting prostitution will go to prison — some will spend time in jail and/or will be put on probation instead — it’s best not to take your chances. It’s essential that you contact a criminal defense attorney with ample experience in these matters to ensure your rights are protected in court.

Compelling Prostitution

The act of compelling prostitution differs from promotion in the sense that it typically involves force and/or fear. A person can be charged with this crime if they knowingly use intimidation or force to compel another individual to attempt or engage in prostitution; if they cause or help a minor under 18 years of age to engage in prostitution; or if they cause their child, stepchild, or spouse to engage in prostitution.

Note that the state is not actually required to prove that the person charged with this crime had knowledge that the minor individual compelled to commit prostitution was under the age of 18 — nor is the lack of that knowledge a valid defense. Compelling prostitution is an even more serious crime that promoting prostitution. It is a Class B felony that is punishable by up to 10 years in prison and up to $25,000 in fines. If found guilty, serving time in prison is usually a given. However, hiring a criminal defense attorney will provide defendants with the best possible chance of a positive outcome at trial.

One would hope that you or someone you love will never be charged with promoting or compelling prostitution. But if this should occur, it’s critical that the defendant’s rights be protected. Hiring a criminal defense attorney should be one of the first things you do in cases like these. To find out more information, please contact our firm today.

The Necessity of DUII Lawyers: Why You Should Never Represent Yourself

duii defense attorneyAlthough many of us have vowed to never drink and drive, the reality is that we all make mistakes. If you’ve gotten behind the wheel while intoxicated and were later arrested for a DUII, you’ll have a lot of decisions to make in the coming days, weeks, and months. One of the most important of these decisions is how to defend yourself in a court of law. While most people understand that hiring DUII defense attorneys will typically provide the best outcome, others are convinced that they can represent themselves. Here are a few reasons you really do need an attorney’s expertise and guidance.

DUII Law Can Be Extremely Complicated

You might think that your case is straightforward and that the justice system will work in your favor. Unfortunately, you may be in for a rude awakening. DUII law is immensely complex. You might find out the hard way that you need someone with more experience and knowledge of the law to guide you. Being an avid fan of “Law and Order” and other crime shows is no replacement for having an actual lawyer. When you choose to represent yourself, you cannot ask for help when you don’t understand something. You’ll likely end up confused and in a heap of trouble. Which brings us to our next point…

Your Odds Are Better With Legal Representation

Statistics show that you are much more likely to have DUII charges dismissed or reduced if you have help from DUII defense attorneys than if you try to go it alone. And while getting those charges reduced or dismissed may not be an option in all cases, it’s still essential to have legal representation. Because your lawyer is more familiar with the law and with both judges and other attorneys, they’re in a much better position to protect your rights and build a defense. Without a lawyer, the outcome of your case could be very grim. But by hiring an attorney, you will be making an investment in your future. That’s a good segue into our next point…

Hiring DUII Defense Attorneys May Be More Affordable

Approximately 10.3 million people reported driving under the influence of illicit drugs from 2011 to 2012, and driving while intoxicated is even more common. According to the U.S. Centers for Disease Control and Prevention, there are 111 million self-reported episodes of alcohol-impaired driving among U.S. adults on an annual basis. Some of those who get caught breaking the law and are arrested for these crimes may feel like they have very few financial options available to them. They might be quick to dismiss the idea of hiring DUII defense attorneys due to the costs they assume are involved. However, it’s important to keep the hidden costs of a DUII charge in mind. You might think you’ll be saving a lot by going the DIY route, but you could end up paying far more in fines, lost wages, and insurance hikes. In the end, hiring attorney will probably be much more cost-effective than trying to represent yourself — particularly if you’re facing jail time. Which brings us to our last point…

The Bottom Line: Self-Representation Is Extremely Risky

Whether this is your first DUII charge or your fifth, the stakes are going to be high. Representing yourself in a civil matter, while still not usually recommended, may come with lower risks. But when you’re dealing with criminal charges, choosing to represent yourself will most likely backfire in a very dramatic way. Not only might you have to pay steep fees, but you may also end up with a conviction on your criminal record, a prolonged loss of driving privileges, and even jail time. Thinking you can beat these charges will likely result in some tough lessons, many of which will follow you for the rest of your life. Even after you’ve paid fines, served time, and reinstated your driving privileges, you may find it nearly impossible to secure housing or a job. The decision to represent yourself could derail your entire future.

When you have so much to lose, you can’t afford to take any chances. Don’t take a risk by representing yourself. Contact our DUII defense attorneys to schedule a consultation.

Why Do People Drink and Drive? The Reasons Might Be More Complex Than You Think

dui lawyer in beaverton

Despite the fact that many of us vow never to drink and drive, the reality is that a lot of Americans choose to get behind the wheel while intoxicated. And even though they may know the risks, they may dismiss the dangers and go out on the open road even when they shouldn’t. You might be quick to dismiss their motivations as selfish or stupid — and sometimes, they are. But there are actually several reasons why people choose to drink and drive. Of course, the reasons behind the decision to drink and drive may not matter much in court; that’s why working with an experienced DUI lawyer in Beaverton is so important if you are arrested for these charges. But it may help families and friends to prevent drunk driving if they’re better able to understand the thought process behind it.

The Most Common Reasons For Drinking and Driving

  • Impaired Judgment: It probably won’t surprise you to learn that one of the main reasons people choose to drive while under the influence of drugs or alcohol is that they misjudge just how impaired they are. When you’re intoxicated, your mind is altered. You may not be able to properly judge your physical limitations or how greatly your thought process has been affected. This may be especially true for young people (who are less-experienced drivers and less-experienced drinkers), but it’s also a factor for those who are well above legal age and who have had their licenses for decades.
  • Pressure or Embarrassment: Sometimes, a person may be inclined to get behind the wheel of a car to prove that they’re in control to themselves or others. They might also do so out of embarrassment; no one likes to admit they’re too drunk to drive, especially if they have to call a friend or family member to come to their rescue. But unless you want to be faced with hiring DUI attorneys after a crash, this is one time where you should swallow your pride and call for a ride. It’s all about your mindset. This situation happens to the best of us, but what doesn’t have to happen is a horrific accident wherein you risk your life or the lives of others. Calling an Uber or even a parent is worth the momentary pangs of embarrassment.
  • Financial Reasons: Some people may not want to pay for a ride home. If you’re strapped for cash, that thought may be understandable. But in the long run, the cost of a Lyft or a taxi is far more cost-effective than what you’ll pay in legal fees to your DUI lawyer in Beaverton or for the damages you’ll have caused. Make it a point to plan ahead for the cost of transportation in the event you’re unable to drive. Transfer money into your bank account, take out cash from an ATM, or keep your purchases in-check if you know you’ll be too worried about the costs of transportation to make a smart choice when you’re under the influence.
  • False Sense of Security: In addition to impaired judgment, many people also operate under a false sense of security when they choose to drink and drive. There are statistics that show that fewer than 4,000 people are arrested daily for drunk driving, despite the fact that people drive while intoxicated nearly 300,000 every day. People who have driven drunk before without incident may feel especially invincible in this area. But of course, this behavior will end in disaster sooner or later. Whether it’s your first time driving while intoxicated or your 10th, any DUI lawyer in Beaverton will tell you that this is a serious offense. Don’t choose to do it simply because you think you won’t get caught. That high level of confidence may be precisely what ruins the rest of your life.

While we hope that you will never drink and drive, the truth is that we all make mistakes. If you are facing DUI or DUII allegations, it’s essential to hire a reputable DUI lawyer in Beaverton to ensure that one mistake doesn’t derail your entire future. To find out more, contact us today.

Underage DUI: What To Do If Your Child is Arrested For Drunk Driving

Drunk driving is always a serious offense. But when minors are involved, these charges can be even more severe. Although licensed drivers under the age of 21 account for only 10% of all motorists, this group is actually responsible for 17% of all fatal crashes involving alcohol. If your child has been arrested on suspicion of a DUII, here’s what you need to know.

How Do Underage DUII Allegations Differ?

For drivers of legal age, having a Blood Alcohol Content of 0.08% or above will result in an arrest for a DUII. But drivers who are under the age of 21 are subject to even stricter laws. If their BAC level shows they have consumed any amount of alcohol whatsoever, they will fail the test and be arrested for on DUII charges. That’s because most states have what are known as zero tolerance laws. That means that if only a tiny amount of alcohol shows up on a test, they can be convicted for drunk driving. Unfortunately, because teen drivers have neither the judgment skills nor the experience (both with driving and drinking), they may be more prone to making an incredibly costly mistake like this.

What Are the Possible Consequences of Underage DUIIs?

Typically, an underage individual facing DUII charges may be subject to fines, community service, probation, alcohol treatment, mandatory license suspension, or even jail time, depending on the situation. Even a first DUII charge could come with very serious consequences, particularly if the incident in question resulted in major injuries or fatalities.

In Oregon, many underage drunk driving offenders may be eligible for a DUII diversion program. Those who participate in these programs will usually be required to receive treatment, pay dines, and install ignition interlock devices in vehicles (though their license will be suspended for at least one year automatically). If participants comply with all terms of the program, their DUII charges will usually be dismissed after the program and its terms have been completed.

Underage offenders who are not eligible for diversion programs or who do not complete these programs successfully are subject to essentially the same criminal consequences as adult DUII offenders are. These consequences include large fines, community service or jail time, and victim impact panel attendance, as well as some of the other ramifications already listed (such as IID installation, license suspension, alcohol treatment program participation, etc.).

Keep in mind that the consequences of DUII allegations extend beyond the short term. Although some individuals are able to have their DUII charges expunged or dismissed, this isn’t always the case. Some high schools will take disciplinary action against students who are charged with underage DUIIs, while many colleges will make it impossible to obtain scholarships or even acceptance with a DUII charge on one’s record. Potential employers will typically screen for criminal charges, which could make it more difficult for those with these charges on their record to secure employment. Plus, not having a valid driver’s license will make it more difficult to get a part-time job while your child is still in school. They could be ostracized from their friends or go down the wrong path if action is not taken.

How Can I Help My Child If They Are Arrested?

Despite our best efforts as parents to educate and warn our children about the dangers of drinking and driving, not all teenagers will take heed. If your child is facing a DUII allegation, the best thing you can do is to secure reputable legal representation for them. Even though they are not of legal age, these DUII allegations must be taken seriously. Contacting DUII attorneys in your area and hiring one who is highly qualified will provide your child with the best chance of avoiding jail time and learning from their mistakes. While the former might not be possible in every situation (particularly if their choices resulted in a serious accident), your lawyer can offer much-needed guidance throughout this process by crafting a DUII defense and fighting for your child’s rights in a court of law.

For more information on DUII allegations and how to help your loved one facing these charges, please contact our firm today.

The Essential FAQ About DUII Diversion

Facing a charge for driving under the influence of intoxicants (DUII) is a concerning and confusing time. You will probably hear many possibilities for your future, and not all of them are easily understandable. One option, a very promising one for those who have had no other DUII charges in the last 15 years, is an Oregonian program called DUII diversion. Oregon realizes the unfortunate statistic that the average drunk driver has driven drunk approximately 80 times before their first arrest, and that a compassionate and effective approach to this criminal matter is to offer a cleaner slate in exchange for getting sober. Here’s an essential FAQ list to introduce yourself to the basics of this program before you go into details with your DUII defense attorney.

What is the DUII diversion program?
The DUII diversion program is designed to give people with first-time DUII allegations against them a chance to reform their behavior through certain special conditions they have to complete. Going through the program gives those charged a second chance the opportunity to avoid other traditional penalties for a DUII charge.

Do I qualify?
If it is your first DUII conviction ever, or your first in the past 15 years, you may qualify for the program. Then you just need to show up to court on the day and time you are scheduled, and file the correct paperwork with your attorney. Other details of your specific case and personal/criminal history may change your qualification status, which can be explained more by your attorneys.

What do I need to do to complete the program? How long does it take?
Generally the program must be completed within a year. In extremely rare cases, a judge may grant an extension of up to six months, but this is very unusual. You will need to pay court fees, get evaluated by substance abuse professionals, and go through with whatever therapy or treatment they deem necessary. The program also calls for a victim’s impact panel. An ignition interlock device (basically a breathalyzer test that allows your car to start) will need to be installed on any vehicle you’re going to drive during the program.

What kind of restrictions and life changes are there in the program?
Any unprescribed drug or alcohol consumption is banned in the program. You will likely need to make time to participate in therapy. If you plan on leaving the state at all, you should take extra measures to notify your attorneys and anyone involved in your treatment so there are no negative consequences or misunderstandings. Otherwise, you go about your daily life.

What happens when I finish the program?
If you successfully complete all the necessary steps within a year, your diversion will automatically end and your DUII charge will be dismissed from your criminal record.

Will the DUII diversion program clear all charges from my record?
If you complete the program, only your DUII charge will be cleared. Any related charges will not.

What if the District Attorney’s Office objects to my program entry?
Many facts about your case may cause the DA’s office to reject your program entry. The good news is that you and your lawyer can appeal to a judge to make the final decision.

If you are being faced with a DUII charge and are looking for someone with extensive knowledge of DUII law in the state of Oregon, contact Jared Justice today to protect your best interests in court.