Oregon DUII Diversion
Those prosecuted for DUII can often take advantage of Oregon’s DUII diversion program. Diversion is a contract with the court for one year. The person charged with DUII agrees to complete a list of statutory obligations. The court agrees to dismiss the DUII charges. Although the diversion will continue to be on the person’s driving record, if they are asked if they have been convicted of a crime for an application, they can correctly say “no.” If the person fails to complete the conditions, the court will enter a conviction, sentence the person, and their criminal history will reflect the conviction.
To enter diversion, the person charged with DUII must swear under oath that all of the following are true:
Sometimes the District Attorney will object to the person entering diversion even if the person is otherwise eligible. Other times there may be a dispute about the person’s criminal history or physical injury.
In either case, the court will hold a hearing and consider the following:
- Will Diversion benefit the person and the community?
- Does the person recognize the need for treatment?
- Will the person cooperate in treatment and observe treatment restrictions?
- Was there was a passenger under 18 and at least 3 years younger than the person in the car at the time of the DUII?
- Did the person fail to appear at any Court appointments?
How DUII Diversion Works
The obligations of diversion are:
- Plead guilty or no contest.
- Sign a diversion agreement and a sworn statement of eligibility.
- Pay a $490 fee.
- Attend a drug alcohol screening at a cost of $150.00.
- Attend and pay for any drug or alcohol program the screening organizations determines necessary.
- Refrain from using intoxicants while on diversion.
- Address current with the court.
- Attend and pay for a Victim’s impact panel at a cost of $50. install an ignition interlock device in any car being driven. You can’t drive without a license and special SR-22 insurance.
Violations of Diversion
If you fail to complete the terms of probation or get convicted of a new crime, the court will send you a “show cause” order. This will require you to come to court and “show cause” why your diversion should not be revoked.
If the court does revoke your diversion, you may face the following consequences:
- Plead guilty or no contest
- A conviction for DUII
- Misdemeanor Probation
- A drug and alcohol evaluation
- Treatment as indicated by the evaluation
- A victims panel class
- A fine of $1000.00 or more
- A yearlong (or more) license suspension.
What to do next?
Oregon Diversion law is complex and changes frequently.
Even the description above is an overview. Getting into and successfully completing diversion can be difficult, but the resolution of your DUII charge can affect you for a very long time. You really can’t navigate this without an experienced, professional, and qualified attorney. Call the Engle Criminal Defense Team. We’re going to help you decide the best course of action. If there is a defense, we will find it. If there is a program that can help you, we will tell you about it. Call 503-224-2171 today.