What consequences am I facing for DUII and possession charges in Oregon? 3 Answers as of March 31, 2011

What consequences am I facing for DUII and Possession charges in Oregon? The police pulled me over, and found marijuana on me in Portland. I got charged DUII and possession of Marijuana. Are the consequences severe for this? I had a clean record.

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Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
If you have nothing on your record and this DUII did not involve an accident in which someone other than yourself was injured and you do not have a commercial driver's license, you are most likely for the DUII Diversion program. Diversion is a first-offender's program in which you can get the DUII charge dismissed if you, among other things, complete a drug and alcohol treatment program and don't have any incidents involving drinking and driving in a one-year period. Depending on whether you failed a breath test or refused a breath test, the DMV will suspend your license for either 90 days or a year (depending on whether you took the test or not). You have a right to a hearing to contest the license suspension providing you request the hearing within 10 days of your arrest. It is probably worth it to hire an attorney for that reason alone as DMV hearings are very technical in nature. As far as the pot charge, as long as the amount of marijuana was less than 1 ounce, it is considered to be a non-criminal offense. In other words, it is treated similar to a traffic ticket. One important thing to remember though is the court could suspend your license for 6 months if you are convicted of Possession of Less Than 1 Ounce of Marijuana. Much like with the DUII charge, you should at least talk to a lawyer before you do anything in court.
Answer Applies to: Oregon
Replied: 3/31/2011
Edward A. Kroll, Attorney at Law
Edward A. Kroll, Attorney at Law | Edward A. Kroll
Depending on the circumstances, you may be eligible for DUII Diversion. This is a process where, in exchange for some classes, treatment, and fees, the DUII is dropped from your record. The marijuana charge depends on how much was found. You should be aware that the police often don't follow the law when stopping cars and searching them. For this reason, it is strongly recommended that you get a lawyer as soon as possible. The marijuana charge can range from a minor violation to a major felony, depending on how much there was. It will also be important to get you into Diversion and deal with that charge as soon as possible. I am a former Portland prosecutor who has dealt with a lot of these types of crimes, and would be happy to give you a free consult. But whether you talk to me or someone else, you should get a lawyer, and soon!
Answer Applies to: Oregon
Replied: 3/29/2011
Law Office of Rankin Johnson IV, LLC
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
A first DUII is a minor crime usually carrying two days in jail and a few years of probation. Most first DUIIs qualify for diversion, in which case you can avoid a conviction if you do treatment. Possession of marijuana can be anything from an infraction (the most serious penalty possible is a fine) to a severe felony, depending on how much you possessed. If you had a small amount for your own use, it is probably an infraction. You should talk to a lawyer, especially about whether the stop and discovery of marijuana was lawful and about your diversion options.
Answer Applies to: Oregon
Replied: 3/29/2011
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