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. This website contains information on the following topics: DUI Ticket; DUII Tickets; Arrested for DUI, Oregon DUII Arrests, Convictions, & Information, Avoiding a DUI Conviction, Diversion Information Law, Consequences Programs, Legal Help and Info, Defer, Deferal, Deferral, Deferrals, Deferred prosecution, prosecutions, driving while impaired, Drunk Driving Defense, Oregon DUI law firm, Drunk Driving Conviction and Laws, Oregon DUI laws, DUI Oregon Diversion Lawyers, DUII Diversion Attorneys Website by Hatmaker Design
DUI arrest 7/21/02 : | DUI arrest 7/21/02 : | DUI Arrest | DUI Arrest DUI Research | DUI Arrests by State | DUI Arrest | DUI Arrests by State | DUI Arrest Carries Heavy | DUI Arrest DUI Research | DUI arrest begins your | DUI Arrest | DUI arrests mark new | DUI Arrests Made in | DUI Arrests Made in | DUI Arrest | DUI arrest would come | DUI Arrest Ohio Supreme | Dui Arrest DUI Bail | DUI Arrest | DUI Arrest | |
DUI / DWI, Drinking 
