While a DUII diversion can help you avoid penalties and even jail time, it will stay on your driver’s record in Oregon for life.
Oregon’s House Bill 2318 (effective January 1, 2010) allows DUII arrests to be expunged if the charge is dismissed or if a prosecutor declines to prosecute, but current Oregon state laws do not allow individuals to seal or expunge DUII diversions or convictions .
In Oregon, a DUII, which stands for “driving under the influence of intoxicants,” is usually a Class A misdemeanor that carries the potential of probation, jail time, license suspension, and heavy fines. If a driver has three DUII convictions in 10 years, a DUII charge becomes a felony punishable by up to five years in prison.
When a driver is charged with a DUII, he or she can plead “guilty” or “no contest,” pursue an acquittal at trial, or, if eligible, enroll in a diversion program. Only an acquittal will remove the DUII from a driver’s record. While successfully completing the DUII diversion program helps drivers avoid the penalties of a conviction, a DUII diversion agreement will appear on his Oregon DMV driving record for life.
If you’ve been charged with a DUII, contact the law office of Gilroy & Napoli to help you decide which option is best for you.