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.
I wonder how they're going to track that though? Random testing? Every 12 hours?
Posted by: Kevin Porter | September 02, 2011 at 03:16 PM
I am curious as to why the government, don't put a ban on drink driving altogether. I mean lets face it if the law was 0 and the amount we were aloud to drink alcohol wise was 0, then we would know exactly where we stood on the issue.
Posted by: Jessica | October 10, 2011 at 07:49 AM
Drink driving is a big hate of mine, there are so many people who still do it, and not only that they come from all different walks of society and do it any time of the day or night. The problem is, even if they are caught and banned, that many of them still proceed to do this.
Posted by: ruby | October 17, 2011 at 01:57 AM
Thanks for the article. I agree with the decision, but it would be difficult to follow up with. If I'm not mistaken, it can be very difficult to detect the use of alcohol unless caught in the act.
Posted by: Ben | March 24, 2012 at 06:32 PM
ETG alcohol tests can detect alcohol consumption up to 96 hours after drinking.
Posted by: Tom | March 25, 2012 at 12:06 AM
Interesting law but one I am happy is in place in Oregon. If people are driving drunk then there is a serious problem. I would love to hear about laws like this in other states. Anyone know of any?
Posted by: DUI Attorney | March 27, 2012 at 03:23 PM