A charge of driving under the influence of intoxicants in Oregon may result in mandated diversion classes.
If you are charged with driving under the influence of intoxicants (DUII) in the state of Oregon, you may be eligible for the diversion program. This program allows treatment instead of jail time. If the program is completed successfully, the DUII charge is dropped and you will not have a conviction on your record. Unsuccessful completion will result in an automatic conviction. The regulations for this program require meeting eligibility in order to be allowed in the Oregon diversion program.
Diversion Program Components
In Oregon, there are multiple components to the diversion program. You will need to complete an alcohol and drug assessment followed by treatment based on assessment results. These need to be provided by a state certified treatment provider. There are fees for the evaluation and treatment that need to be paid in order to be enrolled in this program. There will also be court fees that will be assessed. An additional part of diversion is the mandated attendance at a victims panel class. During this diversion period and for up to a year, you will be required to abstain from alcohol and drugs.
Oregon Diversion Eligibility
You may be eligible for diversion in the state of Oregon if you do not have another pending charge of DUII. If you have ever been convicted of this offense in the past, it needs to have occurred 15 years prior to the date of the present offense.
Prior Diversion Programs
You will not be eligible for diversion in Oregon if you have been involved in a diversion program within the past 15 years. If you are already enrolled in a diversion program due to a separate DUII offense you will not be offered diversion for the current charges.
Exclusionary Criteria
One exclusionary criterion is if you held a commercial drivers license at the time of the offense.You also will not be allowed into the Oregon diversion program if you have specific pending charges resulting from driving. These include murder, assault, criminally negligent homicide or manslaughter. If you have been convicted of any of these in the past you may still be eligible if the offense was committed more than 15 years ago.
Automatic Exclusion
There are specific situations that will automatically exclude you from being allowed into the Oregon diversion program. These include the DUI occurring while operating a commercial motor vehicle or if the offense involved an accident resulting in a death or physical injury (to persons other than yourself). If there was a child in the car or there are multiple DUI convictions, even if they were from more than 15 years ago, you probably will not be allowed into diversion.
Advocacy
Remember that diversion will allow a DUI to be dismissed, but not the other criminal charges that may have been received at the same time. The best advocacy for yourself is to hire an attorney to guide you through the process and speak for you in court. There are Oregon attorneys that specialize in DUI cases. Many of them offer free initial consultations.
