Oregon Court of Appeals upholds a 2009 DUI law

Reports have confirmed that the Oregon Court of Appeals supported a 2009 law in which the period to determine someone’s eligibility for diversion from drunken-driving charges increased on Wednesday.

Boyd Robert Carroll, who was convicted of drunken driving in December 2009, challenged the law. He was charged and convicted of drunken driving in Benton County. Carroll already had two previous convictions 12 years before his arrest in 2009 for drunk driving.

A diversion petition was filed by Carroll, but it was denied under the longer look-back period in the new law. Carroll sued the state, declaring that the change in the 2009 law is violation of a state constitutional guarantee against making crimes retroactive. However, Judge Robert Wolheim said in writing for a three-member appeals panel that diversion itself is not punishment.

After completion of charges on Carroll, he was sentenced to three years probation and 90 days in jail for driving drunk.

According to the changes which took place in law and enforced in January 2010, the offender is eligible for diversion if there are no previous diversions or convictions for driving drunk within 15 years of filing a petition for diversion.

Under the old law, the period was 10 years.

It was decided by voters in 2008 to increase the penalty on third offense for repeat drunken-driving offenders with a mandatory 90 days stay in jail.

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Shannon Wilson

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Shannon I. Wilson, Attorney at Law provides full service representation for Criminal offenses, Felonies, Drug Offenses & DUI cases in Oregon.

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