Blood Alcohol Content Amendment

California DWI DUI OWI

Alhambra DUI Attorneys, Alhambra, California DUI, Drinking and Driving Lawyers, Drunk Driving Attorneys in Alhambra, CA DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment Alhambra, California DUI Law Information Your law firm banner here - contact biss@lawyers.ca This is a database of Alhambra, California DUI Law information contributed by Californiadrinking and driving lawyers who practice DUI law in and near Alhambra, CA and who are members of the International Referral Database of DUI,DWI, Impaired and Drunk Driving, Drinking and Driving, Lawyers & Attorneys.Participation in the database is free to DUI Defense lawyers. The aim of thedatabase is to provide the public and colleagues in other states and provinceswith a great deal of good quality information about local DUI laws and practice. If the databelow is incomplete, please encourage local attorneys to join and add helpfulinformation. If aparticular DUI attorney's name is not mentioned, he or she may not yet havejoined the database or they may not have specifically listed "Alhambra" in the region fieldof their profile. If aparticular DUI courthouse is not detailed, it may not yet be entered in the database orno one has listed "Alhambra" in the cities ortowns served fieldof that courthouse. You willfind helpful information about any criminal law courthouses found in Alhambra, California, andperhaps motor vehiclelicense offices in Alhambra, California. Below you will also find linksto Summaries of DrunkDriving Law for California,information about what to do on first attendance in DUICourt in the greater Alhambra, California area, what clothing you should wear in DUI Courtif you are in Alhambra, California, and why youshould be early for Court in Alhambra, California. There are links tolistings of California DUI CriminalLaw Courthouses and motor vehicle offices throughout California. Follow theBAC instrumentslinks and standards links to find out about the breath alcohol concentration (BAC) instruments usedin California. CA DUI Drinking andDriving laws can becomplex. DUI Legislation may be found by following the links to the Californiadrinking and driving statutes. No courthouses entered yet for this community. Local DUI attorneys are welcome to add a separate web page for each of the DUI courthouses in this jurisdiction, each linked from this page and each containing your advertising banner on top with links back to you. Each courthouse page can also contain a telephone directory for the courthouse with a separate web page for each government office in the courthouse. Multiple pages created by you mean multiple hyperlinks back to your own site. Contact biss@lawyers.ca for more information.. Index of DUI Courthouses in California No DMV offices entered yet. Paid banner advertisers are invited to add licence offices each with their own profile and advertising banner. Index of Motor Vehicle Offices in California Index ofCounty Lawyer Association Pages in California Index of Cities, Towns, Boroughs, and Villagesin California Database of DUI Attorneys and Lawyers in and near Alhambra, CA If you are a California DUI Defense Attorney and you would like toparticipate please click AddingYour Firm . If you are already a member of the International Referral Database of DUI, DWI, Impaired and Drunk Driving, Lawyers & Attorneys and you practicein or near " but your namedoes not appear in this list for Alhambra we suggestthat you specifically add "Alhambra" to the Region fieldfor your profile along with the name of every city, town, village, and suburbwhere you practice. Alhambra DUIAttorney Woodland Hills: Darren Kavinoky Alhambra DUIAttorney CALIFORNIA - STATEWIDE: Matthew J. Ruff Alhambra DUIAttorney Los Angeles: Shouse California DWI DUI OWI OUI Information Summaries of DUI Law for California What to Do On DUI Court First Appearance What to Wear to DUI Court Being Early for DUI DWI Court Directory of DUI Courthouses in California Directory of Motor Vehicle Offices BAC Instruments used in DUI Court Cases DUI Breath and Blood Collection Standards and Departments Responsible DUI Legislation in California Substantive DUI/Excess Alcohol Offense DUI Refusal Offense/Presumption DUI Administrative Driver's License Suspension Drinking and Driving Procedure/Evidence DUI Penalties Suspension on Conviction, Prohibition DUI Drive While Suspended Offense Immigration, Exclusion of Visitors resulting from DUI Reciprocal DUI Agreements Constitutional Rights in DUI Cases Other Criminal Non-DUI Legislation DUI Attorneys - Lists by County in California List of DUI Attorneys and Practice Descriptions Avocats DUI, droit criminel Adwokaci DUI, prawo kryminalne List of DUI Forensic Experts and Practice Descriptions State/Province DUI Data and Links to DUI Statutes The Impaired Driving Checklist The Drinking Driver's worksheet DUI and Criminal Defense Character Reference Letters Articles and Writings California DUI Attorney Articles and Writings California DUI Lawyer Articles and Writings California Drunk Driving Attorney Articles and Writings California Drunk Driving Lawyer Articles and Writings National College for DUI Defense Chemical Tests: Blood, Breath and Urine Basic DUI Law: Misdemeanor and Felony DUI Blood Alcohol Calculator California DUI Defense and DWI Lawyer Guide NoCuffs.com DUI NoCuffs.com DUI NoCuffs.com Contact a California Attorney Now via Netcall "MADD AND MADDER" Got-a-DUI? DUI Center San Diego DUI The 20 Frequently Asked Questions in a DUI Case Los Angeles DUI Grover Beach DUI DRIVING UNDER THE INFLUENCE OF ALCOHOL What can I do to save my license? Driving Under The Influence: DUI DMV Suspensions DUI Central Breath Testing: The Fallacy of the Average Person Orange County DUI Bakersfield DUI Lawyer Torrance DUI Lawyer DUI Lawyer: DWI, BAC, Public Intoxication Tips to Avoid DUI Conviction Pismo Beach DUI Lawyer San Luis Obispo DUI Lawyer Overview of California DUI Laws Ventura County DUI Riverside County DUI Lamont CA Attorney, Kern County DUI Lawyer Los Angeles DUI Lawyer California DUI California 1 800 DUI Laws Affiliate AddDL Lawyers and DUI Information in California Cities and Towns DUI Attorneys in Barstow, California DUI Lawyers , Barstow, CA Drunk Driving Lawyers DUI Attorneys in Bonadelle Ranchos-Madera Ranchos, California DUI Lawyers , Bonadelle Ranchos-Madera Ranchos, CA Drunk Driving Lawyers DUI Attorneys in East Hemet, California DUI Lawyers , East Hemet, CA Drunk Driving Lawyers DUI Attorneys in Lakewood, California DUI Lawyers , Lakewood, CA Drunk Driving Lawyers DUI Attorneys in Little Grass Valley, California DUI 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Attorneys in Martinez, California DUI Lawyers , Martinez, CA Drunk Driving Lawyers DUI Attorneys in Traver, California DUI Lawyers , Traver, CA Drunk Driving Lawyers DUI Attorneys in Blythe, California DUI Lawyers , Blythe, CA Drunk Driving Lawyers 10 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.

Project Vote Smart - Senator Kerry on Blood Alcohol Content Amendment Advanced Search -- Find Your Representative: Enter Last Name of Candidate or Official: Enter Your 9-Digit ZIP Code: xxxxx-xxxx Don't Know Your 9-Digit ZIP? Basic Categories: Biographical Information Campaign Finances Issue Positions (NPAT) Interest Group Ratings Voting Records Public Statements Issues and Legislation: Issue and Interest Group Ratings Issue Organizations CongressTrack: Key Votes Status of Legislation -- Status of Appropriations -- Week at a Glance Recent Votes -- Key Vote Blood Alcohol Content Amendment Bill Number: S 1173 Issue: Transportation Issues Date: 03/04/1998 Amendment: Sen. Lautenberg, Frank R. [NJ]; Original Bill: Sen. Warner, John [VA] -- Sponsor: Amendment: Sen. Lautenberg, Frank R. [NJ]; Original Bill: Sen. Warner, John [VA] Roll Call Number: 0020 Amendment Adopted (Senate) How members voted Senator John Forbes Kerry voted YES . Read statements Senator Kerry made in this general time period. Official Title of Legislation: S AMDT 1682 to S 1173: To provide for a national standard to prohibit the operation of motor vehicles by intoxicated individuals Project Vote Smart's Synopsis: Vote to adopt an amendment requiring states to enact and enforce a standard of 0.08 blood alcohol content (BAC) as the definition of driving while intoxicated, by withholding a portion of funding from those states that do not enforce the new BAC. Senate Amendment Vote: 3/4/1998: Adopted: 62-32. Record Vote Number: 20. Senate Passage Vote: 4/2/1998: No vote taken. Last Updated: 7/11/2005 For further status information, call the Voter's Research Hotline at 1-888-VOTE-SMART (1-888-868-3762). Click Here Click Here --For Full Text of Legislation Click Here Contact Us | About Us | E-mail this page to a Friend | Printer-Friendly Version All content © 2002-2004 Project Vote Smart Project Vote Smart One Common Ground, Philipsburg, MT 59858, 406-859-8683 Questions? Need help? Call our Voter's Research Hotline toll-free 1-888-VOTE-SMART (1-888-868-3762). Legislative Demographic Data provided by Legislative Demographic Services, Inc.

aggressive DUI and criminal

DWI home page David Seth Michaels Attorney at Law Route 203 at Beale Road Spencertown, New York 12165 Telephone (518) 392-9150 Facsimile (518) 392-9130 Email: davidseth@davidseth.com Home Real Estate Traffic Cases CRIMINAL & DWI General Litigation Appellate Litigation Family Law & Divorce About Me Driving While Intoxicated (DWI) If you've just been charged with a first offense DWI in Columbia, Rensselaer, Greene, Ulster, or Dutchess Counties in New York State, you will want to read this page. There is some very important, specific information you need to know about the early stages of your DWI case: Suspension Pending Prosecution . If you took a breathalyzer or other chemical test and the result was .10 or greater, New York law allows the Court to suspend your driver's license pending prosecution. This means that when you make your first appearance in Court on arraignment, the DA may ask the Court to suspend your driver's license. The DA can do this even though you intend to plead not guilty. When the DA does this, it will put a tremendous amount of pressure on you to plead guilty because you don't want to be unable to drive for months while the case goes on and on. Strangely, if you plead guilty to DWAI or DWI, you will be able to drive immediately on a "conditional license." The only solution to a suspension pending prosecution is to have the Court issue a "hardship license," which will allow you to drive to work while the case proceeds. This means that you need to be able to present to the Court at arraignment information about your work, your medical needs, your families' living situation and the like so that your lawyer will be able to convince the judge to give you a "hardship license." The "hardship license" takes the sting out of suspension pending prosecution. Refusal of a Chemical Test . If you refused to take a breathalyzer or other chemical test, New York law says that your license will be suspended because of the refusal. However, that doesn't necessarily mean that you're not driving until the case is finally over. It means that you are entitled to a DMV "Refusal Hearing" at which an administrative law judge will decide if the suspension of your license for refusal of a chemical test was proper. You and your lawyer MUST attend this refusal hearing for two reasons. First, if it turns out that the officer did not legally stop your car, or did not have probable cause to arrest you, or did not properly warn you of the consequences of the refusal to take a chemical test, or that you didn't really refuse the test, the DMV judge should lift the suspension of your driver's license. You will then be able to drive while the case goes on. Second, and just as important, the hearing will be a preview of all of the evidence that the officer(s) will give at your trial. It's an excellent chance to hear what the case against you will be. This means that you have to hire a lawyer immediately after your arrest so your lawyer can attend the refusal hearing with you. Plea Bargaining . The way DWI cases are handled varies enormously from county to county. Columbia County, for example, has a reputation in the region for refusing to plea bargain and for refusing to reduce a first offence, no accident, misdemeanor DWI charge to DWAI, even when the blood alcohol content (BAC) is fairly low. Other counties nearby are just not that tough on first offences. It is therefore critically important to you that the lawyer you hire knows the local practice and the prosecutors, and that the local prosecutors know and respect the lawyer. This mutual knowledge should prevent you from a disastrous mistake, holding out for a plea offer that will never be forthcoming. And this mutual knowledge may assure you that the best possible plea bargain offer is going to be conveyed to you. You also want to be sure that the lawyer you hire has tried DWI cases successfully to verdict, and that you personally trust this lawyer's advise about whether the plea agreement should or should not be accepted, and about whether the case should or should not be tried. If you're going to consider entering a guilty plea, you want to make sure that you got the best possible plea bargain offer. Plain Talk About Trials . The overwhelming majority of DWI cases ends up being resolved with a guilty plea and not a trial. This may be the result of many things, but I suspect that many cases that could be tried to a successful verdict end up being plead out anyway. Some of these guilty pleas might be the result of economic pressure: it's expensive to try cases to a jury verdict. And some may be the result of initially hiring lawyers who aren't going to try the case no matter what its potential. I'm sure you realize that if you've been charged with DWI, and you're willing to plead guilty to DWI and pay a fine, you probably don't need to hire a lawyer who can try the case. It's unlikely that you'll be put in jail or that you'll be placed on probation if you plead guilty on a first offence. If you can accept a DWI conviction and a fine as an outcome, almost any lawyer will do, the cheaper the better. You'll end up with a criminal record, and you'll pay a fine and surcharge of at least $625.00, you'll attend the Drinking Driving Program and you'll get a Conditional License. If your BAC is very low, you might even be offered a reduction to DWAI. In that case you'll avoid the criminal record, pay a smaller fine, attend the Drinking Driving Program and get a Conditional License. There is usually little or no lawyering required to obtain these results. The need for trials and lawyering arises only when the DWI charge is important to you and you want to try to obtain absolutely the best possible result. That's when you should call me about your case. Serious Cases: Felonies, Second Offences . Second DWI charges usually end up being charged as felonies in Columbia and the surrounding counties. If you've been charged with felony DWI or with a second DWAI, you're potentially facing jail or prison time. You need to retain a lawyer immediately in these serious cases. Please contact me for help: David Seth Michaels Attorney at Law Route 203 at Beale Road Spencertown, New York 12165 Telephone (518) 392-9150 Facsimile (518) 392-9130 Email: davidseth@davidseth.com See also Criminal Law Arizona DUI Defense : Law Office of David Alan Darby providing quality and aggressive DUI and criminal defense in all courts anywhere in the State of Arizona. Link to other DUI/DWI attorneys . | Top of Page | Home |

Drunk Driving Laws

Drunk driving law, legal alcohol limits, laws for each U.S. state. In Memoriam...forall the victims and all the heroes, known and never to be known. Drugtesting is our core business! Drugtesting is our core business! GOTO: Our OHS HOME page or... enter a phrase below and SEARCH our entire OHS site Clickhere if you are an experienced Drug Test Technician (DTT) or Breath AlcoholTechnician (BAT) About OHS- Our History OHS MENU OF ALL OUR SAFETYAND HEALTH SERVICES Business Opportunities withOHS in theU.S. & Abroad BACKGROUNDCHECKS PhysicalExams for pre-hires Psychological and PhysicalAssessments for new-hires BestWWW sites to find ALL WorkplaceHealth and Safety info: rules, laws, regulations, you name it! OSHARegulations- ViolationsMost Frequently Cited and Amount of Fines Imposed DRUG-TESTING"KITS" provide drug-testresults to you inonly 3-5 minutes! Cheating on DrugTests: Does it Work? (Article) Drug-FreeWorkplace: A Typical Policy's Tableof Contents Drug-FreeWorkplace: The 15 Essential Program Elements Drug-testing: EMPLOYERFAQ Drug-testing: PARENT FAQ How you can RECOGNIZE ("spot") ADRUG-ABUSER ! Drug Testing PROGRAMS TYPES of Drug Testing School/ Athlete Drug Test ing D.O.T. Drug/Alcohol Test Regulations D.O.T. Administration Contact Info D.O.T. Drug Specimen Collector Req. D.O.T. Drug/Alcohol 2003 Test Rates "Parents Taking Action" - Our Community Service Random Drug Testing Program for children and teenagers "On-Site" Drug Testing DrugTesting & TheMRO DrugTesting STATE LAWS STATE DrunkDriving LAWS HowMany Drinks Will Make you"Drunk"? HOWLONG DO DRUGS (includingalcohol) STAY in your system? HELPCenters for Abusers PICTURES of Drugs DESCRIPTIONS of Drugs Drugtesting POSITIVERATE STATS by All Drugs& TestCategory Drugtesting POSITIVERATE MAPS by Drug and by U.S. State Employment Opportunities International Job Registry (FREE!) Send an E-MAIL to OHS Map & Directions to OHS Offices CaliforniaCities of Service (We also service ALL 50 states!) OHS Privacy Policy . Drunkdriving laws by U.S. State. Blood and breath alcohol limits while driving. DRUG TESTING EMPLOYEES is our CORE business! OHS Health and SafetyServices,Incorporated DRUGTESTING. DRUG-FREE WORKPLACE PROGRAMS. DRUG-ABUSE PREVENTION. Welcome to OHS™...and... thank you for your interest in ourcompany! Drunkdriving laws by each U.S. State. Blood and breath legal alcohol limits whiledriving. This site you are now visiting, OHSinc.com... is THE # 1 MOST-VISITED WEBSITE ON THE ENTIRE INTERNET for drug testing and drug-abuse prevention information! CLICK HERE to see our Ranking.com Official Validation Seal CLICK HERE to view our Top-20 most-popular web pages DRUNKDRIVERS IN THE U.S. KILLED 17,000 PEOPLE IN 2002 (5% MORE THAN THE PREVIOUS YEAR, 2001) When you drink...please don't drive! Drunk DrivingLaws by State, Penalties for Violation: Each state sets its own speedlimits, and it also decides what to do about drunk driving in the state. Thetable below shows how states define drunk driving, whether they immediatelysuspend the driver's license for first-time offenders, how long offenders haveto wait until they can drive again, and whether drunk drivers face having theirvehicles impounded or fitted with an ignition interlock. Administrative licensesuspensions happen independent of the criminal process, which means drunkdrivers get taken off the roads that much more quickly. Interlocks analyze adriver's breath and disable the ignition when they detect alcohol. You'll notice that there aredifferent figures for adults and youths. That's a result of the zero-tolerancemeasure passed by Congress in 1995, and subsequently by the states. It sets adifferent standard for drivers under the age of 21, who cannot legally drinkalcohol. Drunkdriving per se "Per se" is Latin for in itself ,or intrinsically . An "illegal per se" law means that it isillegal in and of itself for you to be caught driving if your Blood AlcoholConcentration ("BAC") is over a certain amount (.10 or .08 percent,depending on the state). In places without an"illegal per se" law, your BAC is just one of the factors thatdetermines whether or not you're a drunk driver. Other factors would includeslurred speech, unsteady gait and all those other things that the police lookfor when they give those roadside tests. Every state except Massachusetts andSouth Carolina has an "illegal per se" law. CLICKHERE TO VIEW A COMPLETE CHART OF STATE BAC LIMITS, LAWS, AND PENALTIES FOR VIOLATION (Note: please bepatient! This page can take up to 35 seconds to load if you have as-l-o-o-w modem!) Topof Page OHS SiteDirectory OHS™Home Page Search OHS™ OHS™Privacy Policy CLICK HERE to view our Top-20 most-popular web pages ! Do you have confidential drug testing QUESTIONS? Contact us for confidential ANSWERS! OHS HEALTH & SAFETY SERVICES, INC. 949.764.9301 or toll-free at 1.800.456.4.OHS(647) OHS™Privacy Policy AND, YOU CAN EASILY CONTACT US AT OHS ™ ANYTIME by e-mail, snail-mail, phone, fax...or just come visit us! OHSHealth & Safety Services, Inc. Phone us: 949.764.9301 or 1.800.456.4. OHS ( 647 ) International Headquarters Fax us: 949 .764.9306 and 949.764.9307 1835 Newport Blvd., Suite D-258 Costa Mesa, California 92627 U.S.A. E-mail us: Ask Us A Question @OHSinc.com Visit us: Map & Directions to OHS™ Topof Page OHS SiteDirectory OHS™Home Page Search OHS™ OHS™Privacy Policy Thankyou for visiting OHS™ on the Internet today! OHS Site Directory OHS Home Page SEARCH OHS™ DRUG TESTING: Add this page to your "Favorites" instantly! Just hold down the "CTRL" key and touch "D"! Wegreatly value your opinion or comment- please click here and tell us! 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DUII Defense | Office

David Lesh | Oregon DUI Diversion Program Attorney | Drunk Driving Defense Lawyer | DUII Penalty Home | Criminal Defense | DUII Defense | Office Directions Oregon DUI DUII Diversion 1916 SW Madison Street ( map ) | Portland, Oregon | Direct: 503.481.8484 The DUI Diversion program allows eligible persons to avoid a DUI conviction and the accompanying penalties if they are able to complete the program requirements. If successfully completed, diversion should result in the dismissal of the DUI charge at the end of one year. For more information about the Oregon DUI diversion program, call David Lesh today at 503.481.8484 for a no-cost initial consultation via telephone or at his Portland, Oregon law office. 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. Beginning last year, 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 a DUI (a Class A misdemeanor crime) without the assistance of an experienced attorney. This is especially so when a criminal conviction and court sentence are now automatic if diversion is terminated for any reason. Commercial Driver License (CDL) Holders: Effective September 30,2005, House Bill 2107 (Sections 29 and 30) bans holders of a commercial drivers license from entering into diversion and related deferred prosecution agreements on traffic offenses even if license holder was not driving a commercial vehicle at the time. Contact an experienced attorney for more information. See ORS 813.215(7) - (8) (2005) and ORS 153.090(7) (2005). David Lesh, a former Oregon DUI prosecutor , provides affordable legal assistance to persons seeking to enter DUI diversion in Oregon. Mr. Lesh will: (1) answer questions about your tickets; the court process, license suspension appeals, and hardship permits; (2) appear with you for all court appearances [in some counties a retained attorney can waive your first appearance altogether]; (3) assist you with completing the diversion petition, affidavit of eligibility, and your petition to enter a plea of guilty or no contest; (4) assist you in entering your plea ; (5) defend you against additional charges you face, if any ; and (6) 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. Oregon DUII Charges by the Numbers (all numbers for the year 2002, most recent available) Source: TSD-ODOT DUII Arrests Diversion agreements DUII convictions First DUII convictions Second DUII convictions Third or greater DUII convictions Felony DUII convictions Implied consent suspensions issued Breath tests refused Hearings requested Hearings conducted 25,351 12,123 9,972 7,297 2,143 532 159 18,005 2,748 4,378 3,785 David N Lesh DUI Diversion Counsel 1916 SW Madison Street Portland, Oregon Direct: 503.481.8484 Fax: 503.296.2935 Question : How do I know if I am eligible for DUI diversion? Answer : Generally , a person may be eligible 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 DUII defendant is eligible for 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 have a commercial driver license at the time of the offense [this provision is new] ; (8) The defendant was not operating a commercial motor vehicle at the time of the offense [this provision is new] ; 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. Keep in mind that entry into 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 DUI diversion program cost? Answer : There are no fines associated with diversion. [You can ignore the "base fine" amount on your ticket if you enter diversion.] However, there are a number of fees that are required for completion of the program. Participants can expect to pay: * $405 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 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 Oregon, DUI arrests, diversions, and convictions cannot be expunged or sealed. Question : If I enter the diversion program will my implied consent suspension (the suspension for failing or refusing a breath or blood test) be rescinded 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 DUII diversion practice is concentrated in the following counties and cities: Multnomah County Washington County Clackamas County Columbia County Yamhill County Clatsop County Wilsonville Portland Salem Gresham Hillsboro Forest Grove Newberg Molalla Canby Beaverton Tigard Lake Oswego Milwaukie West Linn Tualatin Troutdale Sherwood 1916 SW Madison Street | Portland, Oregon | Direct: 503.481.8484 Oregon Lawyer Home | Oregon Criminal Lawyer | Oregon DUII Laws | Auto Accidents | Office Directions Member Better Business Bureau Oregon State Bar Websites, including this one, provide general information but do not provide legal advice or create an attorney / client relationship. Consult qualified DUI - DUII - DWI - Drunk Driving - diversion lawyers / attorneys 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 privacy statement . Mr. Lesh accepts Visa and MasterCard and other credit cards / card. Mr. Lesh provides drunk driving (DUI), diversion, and criminal defense assistance to the communities of: Portland, Salem, Gresham, Beaverton, Hillsboro, Tigard, Lake Oswego, Keizer, McMinnville, Oregon City, Tualatin, West Linn, Woodburn, Milwaukie, Newberg, Forest Grove, Wilsonville, Troutdale, Sherwood, Canby, Dallas, Gladstone, St. Helens, Cornelius, Fairview, Monmouth, Hood River, Sandy, Molalla, Sheridan, Mt. Angel, Wood Village, Dundee, Lafayette, Estacada, Vernonia. 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