Legal Question in DUI Law in Oregon

Re: Dui

It's unclear whether the diversion program was a Washington or Oregon program. However, the answer should be relatively the same for either state: when one fails to comply with a diversion program, the next step is for the prosecutor to move to have the diversion program revoked. Usually, one entering a diversion program has, through court papers, agreed that revocation of the diversion program means submittal of the original police report to the court for review and determination of guilt.

Thus, in this case, what will probably happen is: (1) a hearing will be set to determine whether the diversion agreement should be revoked; (2) if revoked, the court will review the original police report and most likely find your husband guilty on the DUI; (3) punishment depends upon the prior record. In WASHINGTON, one can do as little as a day in jail on a first time DUI or up to a year in jail (depending on priors), and have a fine of as low as about $866 or as high as $5000 (again depending on priors). One can also be required to undergo an alcohol evaluation and follow recommendations, attend a Victims Impact class, have a DL suspension of at least 90 days, and install an ignition interlock device on the vehicle for a year once the suspension's up.

With many judges, the sting of being revoked from a diversion program is enough of a punishment and they don't impose more than the mandatory minimum of 1-2 days jail. But with the passage of 8 years of being out of the pic, I can't say what would happen here.

Please feel free to email me if you have an additional specific question based upon my answer.