NTSB recommends BAC of .05

[11B4V]

The law is driving under the influence of intoxicants, and you can still be cited and arrested if you blow a 0.00, because you could be under the influence of something else.  At that point the court case comes down to he-said he-said between you and the cop.  Not many people will win that, and the punishment for fighting and losing is much, much harsher than just bending over and taking it from the start.

That must be a difference between the US and Canada then.  Here we have no diversion program, and the penalties after trial are identical to if you entered a guilty plea at first opportunity.

Here's WA state

One of the options for handling a DUI and keeping it off your long term record is called Deferred Prosecution.  A deferred prosecution is a statutory creation intended to help people suffering from the disease of alcoholism who commit the crime of DUI to treat their illness in the hope that by treating the alcoholism no future law violations will occur.

Deferred Prosecution is a method by which the legal charges against you can be dismissed if you successfully complete a strict, two-year treatment program. Deferred Prosecution is available only for those who believe alcoholism, drug addiction, or a mental health problem caused the behavior leading to their DUI arrest. If you do not successfully complete the treatment program, you will face the original charges and consequences and may still be required to complete the treatment program. You only qualify for Deferred Prosecution once in your lifetime so it is very important to use your Deferred Prosecution wisely.

http://www.washingtondui.com/seattle-dui-defense/wa-deferred-prosecution

[sbr]

I'm having a hard time finding info about the Oregon DUII Diversion that isn't part of an ad for a lawyer.

Here is a decent one:

http://www.legalpdx.com/Criminal.php#diversion

3. Diversion -[top]

What is diversion? How long or how many weeks is the diversion program? Can I drink alcohol on diversion? How much does diversion cost?

Diversion is a great program for qualified individuals who want to quietly and easily take care of their DUI. To be eligible for diversion you must meet a certain set of requirements. Most first-time offenders are eligible, but notably excepted are people who have commercial drivers licenses. The laws regarding diversion eligibility have recently changed. Under the old laws, a person was eligible if they had not completed a diversion program within the past 10 years. Today, the new law says that you are eligible only if you have not undergone a previous diversion program in the past 15 years.

The diversion program is a program of education and counseling. To succesfully complete diversion, a person must attend a victim impact panel, take an alcohol evaluation, go to recommended treatment classes, and pay a host of fees. Other requirements include not driving without a valid license, not driving after having any alcohol, not committing any traffic crimes, and generally obeying the law. The victim impact panel is a one-time class that is typically given at a hospital. There, you will see some gruesome images and hear from people whose lives have been adversely affected by drunk drivers. The alcohol evaluation is another one-time item that must be completed. A county evaluator will review your police reports, your DMV driving record, and have an in person interview with you to determine how serious your treatment needs to be. At a minimum, the lightest treatment schedule anyone can receive is to demonstrate 90 days of sobriety.

Diversion operates differently in every county as far as the nuts and bolts of getting through the process and into the program. We have successfully entered individuals into diversion programs in every major Oregon county, including Washington County, Clackamas County, Multnomah County, Hood River County, and Marion County. Furthermore, we have experience in many of the city (or "municipal") courts that operate within these counties. Finally, you should note that the diversion period in Oregon lasts a full year. At the end of the year, if you have successfully completed the requirements of the program, then your lawyer can have the original DUI charge dismissed as if it never happened.

It is legal for you to drink alcohol in diversion. It also is legal for you to drive. However, there is a zero-tolerance policy of drinking and driving while in diversion. Any alcohol while you are behind a wheel is too much. Furthermore, you must completely abstain from alcohol use while you are doing the "sobriety" portion of your treatment (typically at least 90 days). The diversion application fees total $458, and this amount can be paid on a payment plan with the court. The victim impact panel typically costs $50 and the alcohol evaluation costs $150. There are additional costs for the treatment program. We know a few ways to save you money on the treatment end of things. Give us a call to make an appointment and we will make the diversion process very smooth for you.

[MadImmortalMan]

I recommend it too but not this early in the day.

[Barrister]

We do have something a little bit similar in Canada - the curative discharge.  But it is geared towards hard-core alcoholics, not first time offenders.  If you an demonstrate that you are an alcoholic, then you can be put on a course of treatment (which invariably includes a stint at residential treatment) and at the end of the day have your conviction discharged.

Arguing those can be funny as it can completely reverse roles.  Now defence is making their client out to have a huge alcohol problem, and I'm arguing "he just drank too much this one day.  he's not an alcoholic".   

[Scipio]

In Mississippi, you can be found guilty of DUI with an Intoxilizer result under .08, because we have "common law" and "statutory" DUI; i.e., if the officer observed that you drove in an impaired fashion, even if you tested under .08 or indeed tested clean, you can be found guilty.  As a practical matter, enforcing DUI is a fucking bitch, and the consequences are so severe in a mostly rural state where the average drive to work is 30 miles one way, that in practice most courts try to work around DUIs or into pre-trial diversions pending successful completion of probation, which typically includes a driver education course, plus fine payments, paying the costs of probation, a victim impact panel, and then having to jump through a few more hoops.  Also, your insurance more than doubles.

[Barrister]

In Mississippi, you can be found guilty of DUI with an Intoxilizer result under .08, because we have "common law" and "statutory" DUI; i.e., if the officer observed that you drove in an impaired fashion, even if you tested under .08 or indeed tested clean, you can be found guilty.  As a practical matter, enforcing DUI is a fucking bitch, and the consequences are so severe in a mostly rural state where the average drive to work is 30 miles one way, that in practice most courts try to work around DUIs or into pre-trial diversions pending successful completion of probation, which typically includes a driver education course, plus fine payments, paying the costs of probation, a victim impact panel, and then having to jump through a few more hoops.  Also, your insurance more than doubles.

Don't do the crime if you can't do the time.

Not a big fan of diverting drunk drivers.  Not a fan at all.

[Valmy]

Don't do the crime if you can't do the time.

Eh this philosophy is full of fail.  The penalty should be proportional to something society thinks is a reasonable penalty or you do get situations where nobody actually wants to convict anybody.  It has never worked to just make all penalties draconian.

[Malthus]

Don't do the crime if you can't do the time.

Eh this philosophy is full of fail.  The penalty should be proportional to something society thinks is a reasonable penalty or you do get situations where nobody actually wants to convict anybody.  It has never worked to just make all penalties draconian.

http://en.wikipedia.org/wiki/Legalism_(Chinese_philosophy)

The Legalist philosophy stated that of punishments for all infractions were severe, no-one would dare commit any.

The Cartoon History of the Universe put the influence of Legalism on the end of the Qin Dynasty this way: a group of soldiers are talking to each other while on manuvers in the rain: "Hey, what's the penalty for rebellion?" "Death." "What's the penalty for being late on manuvers?" "Death." "Well, guess what, fellow soldiers - we are late!" 

[Barrister]

Don't do the crime if you can't do the time.

Eh this philosophy is full of fail.  The penalty should be proportional to something society thinks is a reasonable penalty or you do get situations where nobody actually wants to convict anybody.  It has never worked to just make all penalties draconian.

The penalty in question is you lose you license for one year.

[Valmy]

The penalty in question is you lose you license for one year.

Which would make you a pretty much useless person in rural Mississippi.

[The Brain]

In Mississippi, you can be found guilty of DUI with an Intoxilizer result under .08, because we have "common law" and "statutory" DUI; i.e., if the officer observed that you drove in an impaired fashion, even if you tested under .08 or indeed tested clean, you can be found guilty.  As a practical matter, enforcing DUI is a fucking bitch, and the consequences are so severe in a mostly rural state where the average drive to work is 30 miles one way, that in practice most courts try to work around DUIs or into pre-trial diversions pending successful completion of probation, which typically includes a driver education course, plus fine payments, paying the costs of probation, a victim impact panel, and then having to jump through a few more hoops.  Also, your insurance more than doubles.

30 miles one way to your still/meth lab?

[Barrister]

The penalty in question is you lose you license for one year.

Which would make you a pretty much useless person in rural Mississippi.

It would be a PITA, but that's what makes it an effective punishment.  The guys I prosecute couldn't give two shits about the fine - it's their license they are fighting to keep.

[Admiral Yi]

Ah, drunk, overpaid oil workers?

[Barrister]

Ah, drunk, overpaid oil workers?

Ayup.

[Admiral Yi]

I'm curious: many Indian working the oil patch?