“The Best DUI Defense is Knowing the Offense” - Sunil K. Raju, Former Prosecutor

Frequently Asked Questions

What DUI Timelines Should I be Aware of?

If you have just been arrested for DUI in Oregon, you may be overwhelmed by the situation. However, it is important to dust yourself off, step back, and  formulate a gameplan for how to move forward and protect your interests.

Understanding and planning for key timelines in your DUI case will help you to manage your DUI case, rather than allow your DUI case to manage you.

A few of the key DUI timelines include:

  • 10-day DMV hearing: You only have until 5 p.m. on the 10th day following your DUI arrest to request a hearing with Oregon DMV to challenge an administrative suspension of your driver's license, and DMV must receive your request in a timely manner - the only way to avoid an administrative suspension of your driver's license is by successfully challenging the suspension at a DMV hearing;
  • 30-day temporary driving permit: If you allegedly fail a DUI test under Oregon Implied Consent law, then a police officer will confiscate your driver's license, and issue you a temporary driving permit, which will expire in 30 days;
  • 30-day blackout period: If your driver's license is suspended due to allegedly failing a DUI test under Oregon Implied Consent law, then you cannot get a hardship permit for the first 30 days of your administrative license suspension;
  • 30 days to enter DUI Diversion: Generally, you only have 30 days after your arraignment (generally your first court date) for your DUI case to enter DUI Diversion, or else you lose the ability to take advantage of DUI Diversion;
  • 90-day driver's license suspension for breath test failure: If you allegedly fail the DUI breath test, then you face a 90-day administrative driver's license suspension, unless you successfully challenge the suspension at a DMV hearing;
  • 1-year driver's license suspension for breath test refusal: If you allegedly refuse the DUI breath test, then you face a 1-year administrative driver's license suspension, unless you successfully challenge the suspension at a DMV hearing.

These key timelines are not comprehensive, and the timelines that apply to your particular DUI case depend on the facts of your specific case. There are more situations that occur, and are not covered here. Some of the timelines overlap, so it is important to plan ahead, and strategize, to minimize the impact on your, your career, and your family.

What is Oregon DUI "Diversion"?

If you have arrested for your first DUI in Oregon, then you need to consider whether you are eligible for the DUI "Diversion" program.

Very generally, Diversion programs may be offered in a variety of courts, including:

  • DUI court
  • Other criminal court, including for charges involving DV, drugs, and other crimes
  • Traffic court - e.g., for traffic tickets

DUI "Diversion" refers to a program that may be available to a driver arrested for DUI to resolve their case without a conviction. Specifically, a driver arrested for DUI may be eligible for DUI Diversion if:

  • They have no criminal history
  • Nobody was hurt
  • They have not completed court-ordered treatment

There are more specific criteria to determine whether you are eligible for Oregon DUI Diversion, and sometimes the DA may get it wrong, so it is important to carefully review the facts of your case and your record, so that you know whether DUI Diversion should be an option for you.

Generally, you have only 30 days from your arraignment (generally your first court appearance) to decide whether to take advantage of the DUI Diversion program, so time is of the essence. Whether you take advantage of DUI Diversion is a "take-it-or-leave it" proposition - you do not have the ability to hold off on DUI Diversion while you explore the underlying merits of the DUI case (i.e., do the police and DA have a "good" case against you). However, there are still important decisions to consider before you enter DUI Diversion, because once you are in DUI Diversion, you cannot go back and change your mind about going to trial. Additionally, DUI Diversion is a minimum 12-month commitment, which may extend to 18 months.

It is important to develop a clear roadmap to your success, since one false move in DUI Diversion may land you in jail, on probation, with another driver's license suspension, and more problems, since you will be dealing with all of the original penalties that are connected with a criminal DUI conviction.

Can I first just ask a few quick questions about my case?

Interested in hiring us? We have extensive experience representing 1st-time DUI drivers, and have developed a methodology—including a detailed questionnaire—to ensure both the firm and potential client invest some time up front to ensure a proper “fit.” If a potential client has not ever had a consultation with an attorney before, they should definitely do so—it is a huge waste of time to hire an attorney, only later to realize they are not a proper fit. Any firm that is willing to answer a client’s important questions without taking time and care to understand the client’s case and needs should be avoided. The consultation is designed to provide an in-depth, face-to-face meeting, to ensure both the firm and client are well-matched to resolve client’s case. Learn more about us.

How much will it cost?

The Oregon Diversion Firm does not quote fees without conducting an in-depth consultation with the client. If a firm quotes a fee without conducting an in-depth consultation, then the client should expect a cookie-cutter-style representation. We firmly believe that it is necessary and good practice to ask a lot of questions up front, to make sure we understand exactly what a client wants and does not want. After consultation with the client, the firm will generally propose a one-time flat fee (i.e., fixed fee) to retain the firm. Potential clients looking for the lowest fees are advised to contact the Oregon State Bar, to specifically inquire about pro bono or low-cost legal counsel for their case. We will not be the cheapest option available, as the firm caters to high-end clients.

Why does the firm focus on providing "concierge" legal services to 1st-time DUI drivers?

In the legal system, cases are often thrown onto the conveyor belt of justice, and people are often treated without the respect and attention they desire and deserve. Most DUI defense firms will treat 1st-time DUI drivers’ cases as a simple money-maker, and will not devote time and attention to such cases. The Oregon Diversion Firm’s goal is to provide these 1st-time DUI drivers with a high level of customer service, even though they do not want to take their cases to trial; we fight hard behind the scenes to make sure that their cases can be resolved on the best terms possible and make sure these clients are treated fairly and with respect. Why ODF?

Why should I hire ODF?

ODF caters to 1st-time DUI drivers who desire a high level of customer service during a difficult time. Clients who do not want a big battle at trial, but who want legal counsel fighting hard behind the scenes, will likely find the firm a perfect fit. The firm’s founding attorney, Sunil K. Raju, has extensive DUI trial experience and has been described by one circuit court judge, himself a renowned trial lawyer before taking the bench, as “the best criminal trial lawyer he had ever seen in his courtroom, and one of the top 5 trial lawyers in the county.” The mission of the firm is to help clients take advantage of the firm’s experience, as the experience of trying and negotiating numerous cases helps an attorney properly advise a client on how best to resolve a case. Review the firm’s packages and learn how we can help.

Will I be able to resolve my case in the DUI Diversion program?

Maybe. Some cases are, without doubt, eligible for DUI Diversion. Some cases, without doubt, are not eligible for DUI Diversion. And some cases may or may not be eligible for DUI Diversion, and require a close examination of the applicable law and the facts of the case. There are situations when the DA’s Office incorrectly claims a client’s case is not eligible for DUI Diversion, potentially requiring a client to put the issue before a judge to explain why their case is eligible for DUI Diversion.

Can’t I just go to DUI Diversion myself?

Every person has the constitutional right to represent themselves, meaning they do not have to hire an attorney. Understanding and resolving criminal charges is a serious issue that can permanently affect a client’s liberty, finances, and legal rights. It is not the judge’s role to help you decide whether and how to resolve your charges. Some DUI Diversion courts have “advisory counsel” present—this is an attorney who will appear at the DUI Diversion entry hearing, and will give an overview before court and answer general questions about DUI Diversion; the advisory counsel will not take the time to review the details of your case. A good rule of thumb for deciding whether to hire counsel is to step back and ask: “What do I have to lose?” For most people, the risk of losing their driver’s license, the risk of not fully understanding their legal obligations and the legal consequences of their decisions, and the risk of going to jail, mean that their case may have a huge impact on their career, their family, and their life.

What Should I Expect if I have Been Arrested for My First DUI in Beaverton, Oregon?

Have you been arrested for your first DUI in Beaverton, Oregon? The Beaverton Police Department is the main agency responsible for investigating DUI cases in Beaverton, Oregon. The Beaverton City Attorney, reviews most DUI cases investigated by the Beaverton police.

If you have been arrested for DUI by the Beaverton police, you probably have been cited to appear in Beaverton Municipal Court, to appear in front of a judge and decide what to do. Generally, you only have 30 days to decide whether you want to enter DUI Diversion for your first DUI in Oregon, if you are eligible for the DUI Diversion program.

The Beaverton Municipal Court, located in downtown Beaverton, is probably where your first DUI case will need to be handled.

I have been arrested for an Oregon DUI. What will happen to my driver's license?

If you have been arrested for a DUI, then you need to know how your driver's license will be affected.

Exactly what will happen, and what your options are, will depend on a variety of factors, including: 

  • The facts of your case;
  • How you choose to exercise your options to protect your driver's license;
  • Your criminal history;
  • Your driving record.

Here is a guide from Oregon DMV that lays out the technicalities, generally, regarding how your driver's license may be affected, depending on the details of your case. 

What is an Oregon "DUI"?

In Oregon, people commonly refer to the crime of Driving under the Influence of Intoxicants as:

  • "DUI"
  • "DUII"
  • "Drunk driving"

In different states, what we in Oregon call a "DUI" or "DUII" may be referred to as "DWI" (Driving While Intoxicated), or by other terms. In Oregon, "DUI," "DUII," and "drunk driving" all refer to the same thing.

In Oregon, DUI is a crime, and may not be plea bargained (negotiated) down to a traffic ticket. DUI will be a misdemeanor crime or felony crime, depending of the facts of your case, and on your criminal history. 

The basic legal definition of DUI in Oregon may be found here.

We can help most first time DUI offenders qualify for Oregon's DUI Diversion program and avoid crim… Read More
Much is at stake for repeat offenders. We aggressively fight for our clients, advise them of options… Read More

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