i blew a .05 in my ignition iterlock device i am currently in diversion and have not completed it yet. i have never been in trouble before but initially i got the duii for blowing .07 when i got pulled over. i just want to know what i can do and what might happen now.
Oregon's DUII Diversion contract includes a promise to not drink alcohol at all during the entire year of the contract -- save religious observances, so it is possible to blow some amount into an IID and not necessarily be in violation of your Diversion Contract. However, that's one hell of a communion or kiddush cup! The IID and treatment folks advise that every time you blow over or even under the .025% preset, it's recorded. They can report each violation to the court and schedule you for a "show cause" hearing for you to demonstrate why you should not be convicted of DUII, put in jail, and given a one-year license suspension. So the short answer is: stop drinking; stop drinking and blowing in your IID especially. That's what you can do. What might happen now: you might receive a notice in your mail scheduling a "show cause" hearing -- so watch your mail carefully!
Criminal Defense Attorney
Mr. Oberdorfer is correct. Don't do this ever again, and keep your head low for now; watch for notice of a show cause hearing; and DO NOT post any more facts on the internet, or speak to anyone about this who is not your attorney.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
DUI / DWI Attorney
The IID stores data on every blow. The IID installer is required to calibrate the device every 60 days. When the tech calibrates the device, all of the data is downloaded. If the data suggest non-compliance with your diversion agreement, the diversion coordinator at the probation office will know it. The district attorney will be told. Depending on the status of your driver's license, a notice may also be sent to DMV. Remember that anyone participating in diversion isn't allowed to drink alcohol at all, ever, in any amount, for the year diversion continues. You could end up having to convince a judge that your diversion agreement should not be revoked.