What can my husband do after his second DUI in over 10 years? 3 Answers as of March 18, 2011

My husband got a DUI in 1999. He started diversion classes and did those for a year and then got off probation. He then didn’t complete his classes and get his certificate for his DUI. He was convicted of another DUI in May of 2001. He hasn’t been in any trouble in over 10 years. It was his first one. We want to know if there is anything he can do besides redoing diversion.

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Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
He can't do diversion because the legislature changed the diversion statute. Now a person is not eligible for diversion unless they have not had a duii within the past 15 years. Unfortunately your husband can't do diversion this time. He will need to plea bargain or go to trial.
Answer Applies to: Oregon
Replied: 3/18/2011
Edward A. Kroll, Attorney at Law
Edward A. Kroll, Attorney at Law | Edward A. Kroll
Unfortunately, your husband is not eligible to do Diversion again. The Oregon laws changed in 2010, and now say that a person is not eligible for Diversion if they have a DUI conviction in the past 15 years. Your husband's options at this point will likely either be to plead to the DUI charge or go to trial. My best recommendation is for you to get the best DUI lawyer you can. There are a lot of avenues that can be explored - whether the police investigation was done correctly, whether any evidence can be suppressed, and whether your husband is actually guilty. I am a former prosecutor who spent a good deal of time as Portland's chief DUI Prosecutor. I understand the laws in this area very well, and have helped many people in your husband's position. I would be happy to set up a free consult for the both of you and better explain your options. Please feel free to give me a call. I look forward to helping you.
Answer Applies to: Oregon
Replied: 3/18/2011
Law Office of Rankin Johnson IV, LLC
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
If he has two prior convictions for DUII, then the third conviction carries a lifetime driver's licence suspension, and possibly a jail term of weeks or months. He should consult with counsel right away.
Answer Applies to: Oregon
Replied: 3/18/2011
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