Formerly, persons seeking to enter DUI diversion in the State of Oregon often had no need for an attorney, because they did not have to admit to the DUI offense or give up the numerous constitutional rights associated with a plea of "guilty" or "no-contest."

In 2004, the law changed. 

Now, a person seeking to enter diversion on a DUI must first plead guilty or no-contest to the DUI charge.  Few people will want to plead guilty to an Oregon DUI (a Class A misdemeanor crime) without the assistance of an experienced Oregon DUI attorney.  This is especially so when a criminal conviction and court sentence are now automatic if diversion is terminated for any reason.

David Lesh, a former Oregon DUI prosecutor, provides affordable legal assistance to persons seeking to enter the DUI diversion program in Oregon.  Mr. Lesh can:

   (1) answer questions about your tickets; the court process, license suspension appeals, and hardship permits;   

   (2) represent you in an appeal of your implied consent license suspension (the suspension you face for failing or refusing a breath or blood test); 

   (3) appear with you for all court appearances [in some counties a retained attorney can waive your first appearance altogether];

   (4) assist you with completing the diversion petition, affidavit of eligibility, and your petition to enter a plea of guilty or no contest;

   (5) assist you in entering your plea;

   (6) defend you against additional charges you face, if any; and

   (7) give you valuable tips on successfully completing diversion so you can avoid mistakes which could result in failing diversion and ending up with a DUI conviction.

Give David Lesh a call today at 503.481.8484 if you would like assistance with your pending DUII charge and implied consent license suspension.

David N Lesh

Oregon DUI Diversion Lawyer

1916 SW Madison Street

Portland, Oregon

Direct:  503.481.8484

Fax:  503.296.2935

Question:  How do I know if I am eligible for the Oregon DUI diversion program?

Answer:  Generally, a person may be eligible for the Oregon DUI Diversion program if (1) in the last 10 years they have not had a prior DUI conviction, a prior DUI or drug diversion, or a prior court ordered drug or alcohol treatment; and (2) the present incident did not involved a collision where someone other than the defendant was killed or injured.  

More specifically, a defendant is eligible for DUI 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 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;

   (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 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 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;

   (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.

Keep in mind that entry into DUI 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).  Put another way, if you're charged with another crime as well as a DUI you will not be able to enter diversion on the other criminal charge.  Diversion is available only on the DUI charge.  [Some jurisdictions will dismiss violations such as speeding if you enter diversion.]

Question:  What will the Oregon DUI diversion program cost?

Answer:  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:

   * $358 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.

The treatment fees will vary depending on the provider you select and the length of treatment that you are required to complete.

Question:  Will a DUI diversion go on my record?

Answer:  Yes.  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 arrests, diversions, and convictions cannot be expunged or sealed.

Question:  If I enter the Oregon DUI diversion program will my implied consent suspension (the suspension for failing or refusing a breath or blood test) be rescinded, lessened, or cancelled?

Answer:  No.  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.

Question:  What parts of the State of Oregon does David Lesh serve?

Answer:  As an Oregon lawyer, Mr. Lesh serves client's all over the state.  However, the bulk of his Oregon DUI diversion practice is concentrated in the following counties and cities: