The state of Oregon offers a DUII diversion program, which can clear your DUII conviction upon completion of the program. However, this plan is not to be taken lightly, and it would be prudent to discuss options with your attorney before making the decision to enter into the program.
What is it and how can it help?
Oregon’s DUII diversion program is an agreement that is formally submitted with the court. There are a series of eligibility requirements, and as long as all of the conditions within the program are met, your DUII charge will be dismissed. Consider your options carefully, because if you fail to meet all of the stipulations for the program, you will face a DUII conviction and will be sentenced without a trial.
In order to be considered eligible for Oregon’s DUII diversion program, you must:
- Have never been convicted of a felony DUII offense
- Not have an existing vehicle offense involving substances in Oregon or elsewhere
- Not be currently participating in a diversion program
- Never have participated in a DUII diversion program
- Not previously have been convicted of a substance-involved vehicular offense within the last 15 years
- Not have caused any injuries or deaths during the DUII offense
- Not have commercial driving privileges during the offense
- Not have been operating a commercial vehicle during the offense
You must enter a guilty or no contest plea in order to be considered for the diversion program. Instead of immediately submitting your plea, the judge allows you a full year to complete the diversion requirements. Within 30 days of your first court appearance, you must file a petition to request diversion. You must also:
- Submit a $490 fee, restitution (if applicable), and attorney fees
- Submit $150 to complete an alcohol and drug abuse evaluation
- Pay for and endure the prescribed treatment program
- Pay for ($5-$50) and complete a single-day victim impact panel (VIP)
- Not have exposure to intoxicants, which counts alcohol and cannabis, while you are completing the diversion program
- Provide your current mailing address to the court
- Institute, pay for, and maintain an ignition interlock device (IID) in any vehicle you plan to drive during the diversion arrangement
Call Baxter Harder today at (541) 238-9210 to speak with an attorney about your DUII case in Oregon.