Experienced Oregon Criminal and DUII Defense Lawyer

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Eugene Oregon DUI Defense Lawyer Discusses Plea Bargain and Oregon Drunk Driving Law

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541.345.4500

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Call Now to Schedule an Appointment

541.345.4500

Oregon is a tough state for DUII defense attorneys.  Lawyers representing those charged with driving under the influence of intoxicants (aka DUII, DUI, DWI or “drunk driving” – felony DUI or misdemeanor DUI) are prohibited by Oregon criminal law from entering a plea bargain where the defendant agrees to plead guilty or no contest to a charge other than Driving Under the Influence of Intoxicants in exchange for the DUII charge to be dismissed.  Without this ability to plea bargain, DUII attorneys and their clients are in a position of having to decide whether to proceed to a jury trial or judge trial, or plea guilty or no contest to the drunk driving charge, with or without an agreement as to the penalty.
Here is the Oregon criminal law that prohibits this type of a plea bargain:
ORS 813.170
“Plea agreement prohibited

(1) Notwithstanding ORS 135.405 (Plea discussions and plea agreements) to 135.445 (Withdrawn plea or statement not admissible), a person charged with the offense of driving under the influence of intoxicants shall not be allowed to plead guilty or no contest to any other offense in exchange for a dismissal of the offense charged. No district attorney or city attorney shall make any motion and no judge shall enter any order in derogation of this section. This section does not prohibit diversion as provided under ORS 813.200 (Notice of availability of diversion).

(2) Notwithstanding ORS 135.881 (Definitions for ORS 135.881 to 135.901) to 135.901 (Effect of compliance or noncompliance with agreement), a person charged with the offense of driving under the influence of intoxicants shall not be allowed to enter into any program of supervised performance or diversion except as provided under ORS 813.200 (Notice of availability of diversion). [1983 c.338 §382; 1999 c.1051 §294]”

The Duvall Law Office is based in Eugene, Oregon, and regularly appears in all Eugene, Oregon, and surrounding courts, including Springfield Municipal Court.  We represent those charged with all criminal charges from Oregon’s Measure 11 offenses, to domestic violence or child abuse, to driving under the influence of intoxicants (aka DUII, DUI, DWI or “Drunk Driving”), to shoplifting.  Let us help.

Call Us Now to Schedule an Appointment

541.345.4500