Oregon DUII Diversion Program
Oregon DUII Diversion Eligibility
If you have been charged with a DUII in Oregon, especially if it is your first time, there is a possibility that you may be able to enter the DUII Diversion Program. The successful completion of the program will result in the dismissal of your DUII charge, avoiding mandatory penalties such as jail time, fines, and license suspension.
To be eligible for the Oregon DUII Diversion Program, you must have the following:
- Have never been convicted of a felony DUII offense
- No prior DUII offenses or convictions within the past 15 years
- Did not possess a CDL on the date of the current alleged DUII offense
- Not have an existing vehicle offense involving substances in Oregon or elsewhere
- Did not operate a commercial vehicle at the time of the present alleged DUII offense
- Not be currently participating in a DUII Diversion Program in Oregon or in another state
- No allegation of fatality or physical injury to any person in connection with the DUII offense
- Never have participated in a DUII diversion program or similar program within the past 15 years
- Not previously have been convicted of a substance-involved vehicular offense within the last 15 years
- No charge or conviction of aggravated vehicular homicide, murder, manslaughter, negligent homicide, or assault related to driving a vehicle within the past 15 years
Oregon's DUII Diversion Program Requirements
If you are eligible for the DUII Diversion Program, there are certain steps that need to be taken. This includes the DUII Victim Impact Panel, an alcohol and/or drug evaluation, completion of any recommended alcohol and/or drug treatment, pay all fines and court fees, and finish any other court-ordered requirements, such as alcohol monitoring.
The DUII Victim Impact Panel is conducted once a month, typically on the last Wednesday of the month, starting at 6 PM. 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
Assistance with the DUII Diversion Process
At Baxter Harder, we are committed to assisting you with the required paperwork and ensure everything is in order for your alcohol and/or drug evaluation. Let our legal team help you get back on the right track and headed towards successful completion of the DUII Diversion Program.
Contact us and request a free consultation today to discuss your options regarding the DUII diversion program.
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