14 Oct

DUI and DUII Diversion Programs for First-Time Offenders

Lake oswego attorney

Drunk driving, or driving under the influence of other substances, continues to be an issue within the United States. In 2012, for example, 10.3 million people stated that they had driven their vehicles over the past year while under the influence of illicit drugs. Currently, there are approximately 300,000 individuals driving drunk on a daily basis. Less than 4,000 of these individuals are actually arrested.

Prior to their first arrest, however, an individual will have operated their vehicles 80 times while intoxicated. Even though ten percent of licensed drivers are less than 21 years of age, they are responsible for 17% of the fatal alcohol-related crashes that occur.

When someone has been pulled over for allegedly driving under the influence (DUI) or driving under the influence of intoxicants (DUII), if it is determined that their blood alcohol concentration is above the legal limit, it is most likely that they will be arrested. The legal blood alcohol concentration (BAC) within the state of Oregon, for example, is .08. If someone is operating a vehicle within this state, it is prohibited to have a BAC of .08 or above.

There are some circumstances that will enable individuals that have received a DUII conviction to participate in a DUII Diversion Program. A DUII attorney will be able to explain the reasons under which this would be possible. The Oregon Judicial Department, for example, indicates that in order to be considered for these programs, the individual needs to make their court appearance. If the individual is unable to make this initial appearance, then the court must determine that the reason for this failure to appear is valid.

In order to apply to a DUII Diversion Program in Oregon, an individual may apply themselves or a DUII diversion attorney may do so on their behalf. This application needs to be filed within 30 days of their first court appearance during the arraignment session. As with making the initial court appearance, if an individual or their DUII diversion attorney is unable to meet this guideline, then good cause needs to be demonstrated.

While there are several sworn statements that need to be made, the first item on the Petitioner Sworn Statement of Eligibility form for Oregon’s Washington County Circuit Court requires that the applicant has never had a prior conviction in this or any other state.

According to FindLaw, the goal of these diversion programs is to encourage rehabilitation and provide individuals with an opportunity to behave responsibly in the future. When this occurs, the charges against the defendant are dismissed. As previously stated, these programs are intended, in general, for first-time offenders. There are a variety of conditions that need to be followed. This includes receiving counseling and/or being on probation. Furthermore, an individual must also show good conduct while participating in these programs.

Since the state requirements for diversion programs do vary, it’s important to speak with a DUI diversion attorney or DUII diversion attorney for more detailed information. When an individual consults with a DUI diversion attorney, they will be able to discuss their specific situation at length. At this time, a DUI diversion attorney will be able to advise them on the best course of action and assist them throughout the process.

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