434 NW 19th Avenue, Suite A |
Portland, OR 97209 | 503.546.2928
Lesh OREGON DUI DIVERSION
"I defend and help people facing DUI charges and license suspensions in the State of Oregon.
Call 503.546.2928 for immediate assistance." Former DUII prosecutor.
Author of the Oregon DUII Diversion Guide.
More than 24 years
as an Oregon attorney.
Oregon DUI diversion program allows eligible
individuals to avoid a DUI conviction (and the numerous accompanying
sentencing penalties) if they are able to complete the program requirements. If successfully completed, diversion
results in the dismissal of the DUI charge at the end of one year.
However, if you are terminated from diversion for any reason, a
DUI conviction and sentence is automatic.
In order to be eligible for the Oregon DUI diversion program you must have no prior
DUI convictions or prior DUI / drug diversions in the past 15 years. See the
complete eligibility requirements at the right.
David Lesh, a former
Oregon DUI prosecutor, provides affordablelegal assistance to persons seeking to enter
the DUI diversion program in Oregon. Mr. Lesh can:
Answer questions about your tickets; the court process; license suspension appeals;
hardship permits; ignition interlock devices; and treatment
Represent you in an appeal of your
implied consent license suspension (the suspension you face for
failing or refusing a breath or blood test).
Appear with you for all court appearances [in some counties
a retained attorney can waive your first appearance
Assist you with completing the diversion paperwork
(petition, affidavit of eligibility, and petition to enter a
plea of guilty or no contest).
Assist you in entering your plea;
Defend you against additional charges you face, if any; and
Give you important tips on successfully completing the
program so you can avoid mistakes which could result in failing
diversion and ending up with a DUI conviction;
Filing the motion to dismiss your DUII at the conclusion of
the year long diversion program.
Give David Lesh a call today at 503.546.2928 if you would like assistance with your pending DUII charge
or implied consent license suspension.
There is no charge for the initial consultation.
Would you like to know about the Oregon DUI laws and
program? Consult Mr. Lesh's
DUI information site.
Answer: Generally, a person may be eligible
for the Oregon DUI Diversion program if (1) in the last 15 years they have not had a prior
DUII conviction, a prior DUII 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 has no
DUII or similar charge in any jurisdiction, other than 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
a DUII or similar offense within the past 15 years;
(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
Oregon or elsewhere 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
past 15 years;
(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
past 15 years;
(7) The defendant did not
hold a CDL 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 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 infractions such as speeding if you enter diversion.]
Question: What will the
Oregon DUII 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:
$490 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
and urinalysis testing;
Fees for the installation and rental of an
ignition interlock device in any vehicle you drive during
the diversion period (about $60 - $70 / month).
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
DUII diversiongo "on my record?"
Answer: Yes. A
DUII 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, DUII diversions and DUII 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
Question: What parts of the State of Oregon does David Lesh
represent people on DUII charges?
Answer: As an Oregon
attorney, Mr. Lesh serves client's all over the state. However, the bulk of his
Oregon DUII diversion practice is concentrated in the following counties and cities:
Multnomah County, Clackamas County, Washington County, Columbia County,
Tillamook County, Clatsop County, Yamhill County, Hood River County; and Portland, Gresham, Hillsboro, Lake
Oswego, Oregon City, Beaverton, West Linn, Wilsonville, Troutdale,
Milwaukie, St. Helens, and McMinnville.
Websites, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult qualified Oregon
Drunk Driving - diversion lawyers for advice about any specific problem that you may have. Oregon attorneys are governed by the Oregon Code of Professional Responsibility. This website may be considered an advertisement for services under the Code of Professional Responsibility. Mr. Lesh is an Oregon lawyer and does not seek cases outside of the State of Oregon. Read our
Mr. Lesh accepts Visa and MasterCard
and other credit cards. Copyright
2015, 2014, 2013,
2012, 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004, 2003.
provides Oregon drunk driving (DUI), diversion, and Oregon criminal defense
assistance to the communities of: Portland, Oregon Salem, Gresham, Oregon, Beaverton,
Hillsboro, Oregon, Tigard, Lake Oswego, McMinnville, Oregon City, Tualatin, West Linn,
Woodburn, Milwaukie, Forest Grove, Wilsonville, Troutdale, Sherwood, Canby,
Gladstone. This website contains information on the following topics:
DUII Tickets; Arrested, Arrests, Information, Avoiding a Conviction, Diversion Information Law, Consequences Programs, Legal Help and Info, Divert, Diverting, Deversion, Defer, Deferred prosecution
in Oregon. By David N Lesh,