One of the biggest misunderstandings people have when they first contact me is the difference between a first DUI and a first DUI conviction. Now a first DUI could result in a first conviction, but most of the time it doesn’t.
A first-time DUI charge can result in dismissal following Diversion
In Oregon, if you are arrested for a DUI for the first time and you meet certain qualifications, you will be eligible for a Diversion. A Diversion is an agreement with the Court that allows you to avoid a conviction. If you successfully complete the Diversion, the DUI is dismissed after 12 months and a conviction is avoided. A person is only eligible for 1 DUI Diversion every 15 years..
Now if you have already successfully completed the Oregon DUI Diversion program in the past 15 years and you are arrested for another DUI, then you will be looking at a first DUI conviction.
First DUI Conviction penalties and consequences
A first DUI conviction in Oregon will result in a minimum of 48 hours in jail or 80 hours of community service. Additionally, there will be a minimum $1000 fine and a 1-year license suspension. A conviction will also require the treatment conditions that were present in the diversion as well. Depending on what county your conviction occurs in there will be 12-36 months of either supervised or bench probation.
So given that Oregon allows most people to avoid a conviction on their first DUI arrest, therefore, it’s very possible to have been arrested for DUI twice, but only have one DUI conviction.
It’s also important to point out that a person who does DUI Diversion will not have the jail, community service, fines, and license suspensions that are associated with a first-time conviction.
Expert Portland DUI Attorney Providing Free Consultations
If you have been arrested for your first DUI and have more questions regarding your case, contact my Portland DUI defense firm online or call 503-477-5040 to schedule a free consultation. I represent clients in the Greater Portland Metro area including Washington, Clackamas, and Multnomah Counties.