Straight Talking on The Law

In Oregon, No Drinking During DUI Diversion

By: Jennifer Robins, Oregon DUI Attorney

Often time, client who are considering entering diversion on an Oregon DUI charge ask me, “can I still drink while I am on diversion?”  Until recently, my answer would have been yes, with exceptions.

Oregon’s former DUII Diversion laws generally prohibited consumption of alcohol in two instances. First, no alcohol in conjunction with operation of a motor vehicle. And second, no use of alcohol if your treatment program required abstinence. Otherwise, I advised clients that it wasn’t a violation of the Oregon diversion to consume alcohol during diversion.

However Oregon House Bill 2103, enacted June 23, 2011, now totally prohibits the use of alcohol during the entirety of the DUII Diversion program.  This means anyone who enters the diversion program will be prohibited from participating in a champagne toast during a wedding, enjoying a beer during a backyard BBQ, or having a glass of wine during a nice dinner out. 

House Bill 2103 applies to anyone who enters the diversion program after the June 23 date, whether or not the incident date was before June 23.

The consequences for violating this provision of the new law are severe, including revocation from the diversion program, jail time, a lengthy license suspension and mandatory fines totaling well over $1,000.00.  Anyone who is facing a charge of driving under the influence of intoxicants should consult with an attorney who is familiar with the recent changes in DUII law and be fully advised.  

 

Oregon DUI Diversion For Armed Forces Defendants

By: Jennifer Robins, Oregon DUI Attorney

Oregon’s DUII Diversion program generally allows someone charged with their first DUII to complete a course of treatment (among other requirements) and, if done so successfully, to have the criminal charge dismissed.  Diversion is only a year long program that allows for one six month extension.

Until recently, active members of the United States Military have either been denied entry into diversion, or have been revoked from the diversion program, because  they were required to serve tours overseas, affecting their ability to complete the diversion program within 12 or 18 months.

Oregon House Bill 2702 has eliminated this perceived discrimination against active duty military members in two ways:

1. Active duty service members are no longer denied entry into diversion, simply because they are facing deployment overseas and;
2. Active duty service members will be allowed extensions or stays in order to complete treatment requirements.

The new Oregon DUI law also allows active duty service members to complete treatment during their tour overseas if there is a comparable treatment program to the program that would normally be completed in the United States.  There are also provisions allowing service members to appear at certain court hearings through their attorney or via telephone or other telecommunication devices, if possible.

If you are active duty military and are charged with a DUII, please contact our office for a free 15 minute phone consultation with an experienced Oregon DUI Attorney. 

These changes in DUII Diversion laws are important and if you're in the armed forces, they may greatly effect your criminal and driving record.