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My husband got his first DUI in Bend, OR last night. What is going to happen considering we're from WI?

Hartland, WI |

He got into two car accidents (not drinking related) in 2008 & 2009 & that is all that's on his record.

Attorney Answers 6

Posted

Your husband needs to consult with local, experienced DUI defense attorneys in Bend, OR regarding what will happen in OR.

If your husband is convicted of a 1st offense DUI in OR, WI generally will suspend his driver license for 6 months. If his BAC was over a .15, WI may require an IID to be installed on any vehicle in his name for 1 year.

Good luck to you and your husband!

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Posted

Have to hire local counsel. The car accidents are irrelvant

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Posted

I wouldn't be too concerned about the car accidents but he will need an experienced lawyer from Bend. Look on AVVO for local attorneys. They can run you through the process. Good luck.

Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.

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Posted

Since WI is the only state in the union where a first offense is not crime, his bigger problem is what Oregon will do. Once a conviction is picked up here, as long as he did not refuse testing, and the case does not involve injury or minor passengers, he is looking at a 6-9 month revocation from WI and AODA assessment and compliance, unless they honor an Oregon court order for a longer revocation. There may also be an ignition interlock requirement depending upon the BAC level and or the specifics of the Oregon disposition. First and foremost, he needs a defense lawyer in Oregon. Good luck.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

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Posted

Your husband needs to hire a locally experienced DUI attorney in Oregon ASAP. Use avvo to find a few and give them a call. Most will offer a free consultation. Good luck to you and your husband.

Jasen Nielsen

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Posted

Likely he will be able to enter DUII diversion. An Oregon DUII diversion lasts for one year. If he blew above a .08 Oregon will order his license to be suspended for 90 days. Wisconsin will honor that 90 day suspension, but they are not limited by the 90 days (they can impose a lengthier suspension as if your husband had commited the DUII in Wisconsin). Your husband will be ordered to attend treatment and a Victim Impact Panel both of which can be accomplished within Wisconsin. Assuming your husband completes treatment, stays out of trouble, and pays off his diversion fee the case will be dismissed in 1 year from his diversion entry date.

It is important to arrange with local counsel to see if your husband can waive his appearance at arraignement. Waiving his initial appearance will reduce your husbands return trips from 2 to 1. He will likely need to be in Oregon to enter Diversion.

This answer does not constitute an attorney client relationship. I am not your attorney.

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1 comment

Clayton Tullos

Clayton Tullos

Posted

I should also add that as a condition of Diversion your husband will be required to install an ignition interlock device.

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