Salem, Oregon, First-Offense DUII Lawyer
Diversion Program Attorney Serving Marion County and Surrounding Areas
A first-offense DUII arrest is often a shocking surprise. In the days following the event, people tend to experience embarrassment, anger, shame and confusion. It can be hard to know what to do. Should you plead guilty, accept the fine and move on? What about driver's license suspension?
One of the most important things you can do after a first-offense drunk-driving arrest is get practical legal information and honest advice about your situation from a knowledgeable criminal defense lawyer. An experienced drunk-driving defense attorney can provide information in a confidential setting that is more reliable than information you could receive from other sources — especially the police or family and friends.
David DenHartigh, Attorney at Law, is a Salem, Oregon, first-offense DUII attorney who has practiced law for more than 20 years — almost all of that time spent in Oregon courts. David is a seasoned professional who maintains a friendly and supportive attitude toward his clients. If you have been arrested and have questions about Oregon DUI penalties and your legal rights, contact David today.
Commercial Drivers: For drivers with commercial driver's licenses (CDLs), a DUII arrest is serious indeed. If you are convicted, even of a first offense, you could lose your CDL — and your livelihood. Attorney David DenHartigh regularly defends commercial drivers against DUII charges and other traffic crimes and traffic violations.
Your Driver's License: 10 Days to Fight Automatic Suspension
One of the first — and most important — things to do after a drunk-driving arrest is to fight the Department of Motor Vehicle's suspension of your driver's license. Do not wait until a court date to think about your driver's license suspension because it will be too late! This is a mistake many first-offense DUII offenders make. Unless you take official action, the DMV will issue an administrative suspension of your driver's license 10 days after the arrest, which will last for at least 90 days. You can fight the administrative suspension! In addition to protecting your driving privileges, the process will give your criminal defense lawyer an early chance to view the evidence against you and thereby determine the best course of action in the criminal court.
Eligibility for Diversion Programs and Suspended Sentences
A diversion program that may be available to a first-offense DUII defendant. Generally, a diversion program allows you to "press pause" on the criminal proceedings against you while you complete court-specified rehabilitation and probation requirements. Requirements in a diversion program may include paying substantial court-ordered fees and assessments and a diversion program fee, completing an alcohol rehabilitation program and attending a victim impact panel.
If you successfully complete the diversion program, then the charges against you will be dismissed. If you are unsuccessful, a judgment of conviction will be entered on your record. In addition, if you fail a diversion program, your driver's license will be suspended for 12 months in addition to any administrative driver's license suspension ordered by the Oregon Department of Motor Vehicles (DMV).
Eligibility for a diversion program depends on the specific facts of your case — such as whether passengers were in the car and whether another person was injured in a traffic accident while you were driving under the influence of intoxicants.
Weigh the Pros and Cons of Diversion Programs and Other Options With Experienced Legal Help
The benefits of enrolling in a diversion program include keeping a conviction off your criminal record and preventing an additional court-ordered driver's license suspension and other penalties. The disadvantages include the strict nature of the diversion program requirements and the inevitable difficulty that some people have completing the diversion program requirements.
A diversion program is often favorable, but is not automatically your best legal option after a first-offense DUII arrest. Learn all the details about your options and make an informed decision about how to proceed with help from a Salem, Oregon, first-offense DUII attorney.
To contact David DenHartigh, Attorney at Law, call 503-664-4613 or contact David online.