30 months in prison is the most you can be sentenced to for a DUI conviction in the state of Oregon. This lengthy prison term applies in cases where there is a history of DUI convictions. Twenty six year old Rafael Diaz-Quintana is the unfortunate recipient of this serious sentence.
Sentenced just last week for his 7th DUII conviction in our state, Diaz-Quintana also has an ICE hold on him. This means he is in the country illegally and will be deported after his sentence. The fact that he has been convicted so many time leads me to believe he has also been deported more than once.
This latest incident occurred when he was pulled over on the 4th of July. Diaz-Quintana failed sobriety tests and misidentified himself to the police. He was found to have a blood alcohol content over twice the legal limit.
The maximum sentence is rarely used by Oregon judges, even in very serious case. This lengthy prison term is reserved for those people who the judge does not think can benefit from any rehabilitation programming.
According to the Associated Press, Deschutes County Judge Stephen Tiktin stated about Diaz-Quintana, “He is not amenable to treatment and he is not amenable to following the law, whether it is federal or state law.”
This is an example of an extreme case. There are many programs and alternatives built into Oregon law for DUI offenders, to help them handle their alcohol problems and limit the amount of time they spend in jail.
As a first time DUII offender, you are actually allowed to complete a period known as “diversion”. Diversion refers to a probationary period where you may have to fulfill obligations like counseling, treatment, community service, or license suspension. If successfully completed, the DUII charge will be dismissed.