Diversion eligibility and assault
The diversion statutes, ORS 813.200 , et seq permit a person charged with their first DUII to avoid conviction by agreeing to complete treatment and comply with various requirements. For a person eligible for diversion, it’s usually a good idea, because even a strong defense at trial is not ironclad, and the certainty of escaping conviction usually makes it worth the hassle of completing the...
Read MoreSenator Crapo’s alcohol problem
In Oregon, and in most states, driving with a blood-alcohol level of .08% or higher is driving under the influence of intoxicants, or DUII. The .08% is defined, semiofficially, by federal law, and it represents a balance between increasing public safety (a low number would capture more drivers) and individual autonomy (if the number is too low, no one could have a few drinks at dinner and still...
Read MoreHow many times do they have to catch you driving under the influence to get three convictions? (Four, of course; the diverted first DUII doesn’t really count.)
I had oral argument today in the Oregon Court of Appeals about whether a first DUII conviction from Nevada counts as a conviction in Oregon for purposes of a lifetime driver’s license revocation. There is a decent argument that it doesn’t; the first conviction in Nevada has a significant treatment component that makes it look kind of like a diversion. The panel (Haselton, Armstrong, Duncan)...
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