Multiple DUII Convictions vs. First Time Offender
Interviewer: Do many people become repeat offenders?
John Reade: Some. Sometimes you have a person who has one or more prior driving under the influence convictions, and they get arrested again. It is not very often you see a person who gets arrested say one month and then they get arrested again the month after that for driving under the influence. While that does happen, I do not see that happen that often.
Potential Penalties for a First Offense DUII in Oregon
Interviewer: For a first time DUII, what are some of the consequences that someone will face?
John Reade: A first time offender usually has an option, of a driving under the influence diversion available to them. It is available if they did not have commercial driver’s license, they were not driving a commercial vehicle, and no one other than the person charged with driving under the influence was injured.
In addition, a person can not have any prior driving under the influence convictions or a diversion within the past 15 years. If a person satisfies all the diversion requirements then a diversion would be an option, as opposed to pleading guilty and having a sentence imposed. Obviously a person can still, under those circumstances, plead not guilty and take the matter to trial.
When Would Probation Be Imposed in a DUII Sentencing?
Interviewer: What would warrant probation in a DUII case?
John Reade: If a person is convicted of driving under the influence a judge will impose some probation. There is bench probation, where the only requirement is that the person remain a law abiding citizen, so they are not monitored by anyone. Then there is supervised probation, where they actually have a probation officer assigned to their case, who essentially monitors the person convicted of driving under the influence to make sure the person does what they are suppose to do.
Retaining the Right Attorney Will Increase the Chances of Having the Charges Dismissed
Interviewer: How often are you able to get DUII cases reduced or dismissed?
John Reade: First you have to determine if there is a valid motion to suppress issue, which basically means determining whether the officer violated the person’s federal and or state constitutional rights, and as a result of that important evidence cannot be admitted in a trial. You can get a driving under the influence case dismissed, if you win on a motion to suppress.
The other instance would be if there are so many problems with the prosecutor’s case, and they can be convinced of that. In other words, the prosecutor says, “Well I may have a problem proving this case beyond a reasonable doubt, so I’ll agree to dismiss it.”