State v. LAGRASSA

Defendant appeals a judgment of conviction for one count of driving under the influence of intoxicants (DUII), ORS 813.010. He assigns error to the trial court’s denial of his petition to enter into a DUII diversion agreement. We review for legal error, ORS 138.220, and affirm.

The parties stipulated to the following facts. On November 24, 2007, in Lane County, Oregon, defendant unlawfully drove a motor vehicle on a public highway or premises open to the public while under the influence of alcohol. A chemical breath test revealed that defendant’s blood alcohol level was 0.23, which is above…