Oregon law prohibits a prosecutor from dismissing or reducing a DUII (driving under the influence of intoxicants) charge if they believe that there is sufficient evidence to prove the charge. This means if there is any evidence that you were driving while impaired, the prosecutor is not allowed to dismiss or reduce the charges through plea bargaining. However, many first-time DUII offenders may be eligible for a DUII diversion which if successfully completed will result in the dismissal of the DUII charge.
Criteria for diversion eligibility can be a bit complicated, and the diversion program itself has many hoops that the defendant must jump through in order to be successful. This is why it is critical to have a competent attorney who knows the intricacies of DUII law if you have been charged. Additionally, a person who is arrested for DUII may often be charged with other crimes such as reckless driving, recklessly endangering another person, or failure to perform the duties of a driver, and a competent attorney can help you get these additional charges dropped or reduced.
- Defendants often want to know if there’s a possibility that the charges against them could be dropped or reduced to a lesser charge.
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