In Oregon, driving under the influence of intoxicants is a serious charge. A DUII conviction can have serious repercussions on your future. However, if you are eligible and successfully complete a DUII diversion program, you may be able to get your drunk driving charge dismissed.
Eligibility for DUII diversion
In Oregon, there are many prerequisites for eligibility to participate in DUII diversion. Some of the most important include:
- No prior convictions for a felony DUII offense
- No other pending charges for intoxicated driving or other serious vehicular offenses such as vehicular homicide
- No prior convictions for any intoxicated driving offense within the preceding 15 years
- The alleged DUII offense did not result in death or physical injury to another person
- The alleged DUII offense did not occur while driving a commercial motor vehicle or while holding a commercial driver’s license
You may forfeit your eligibility for DUII diversion if you do not proceed in a timely fashion. You must appear in court for you first appearance on the date scheduled, or convince the court to excuse your absence. You must also petition for DUII diversion within 30 days of first appearing in court, unless you can convince the court that there is good cause for the delay.
Completing the DUII diversion program
To complete the DUII diversion program, you must submit to a drug and alcohol abuse assessment. Should the court find that you are in need of alcohol or drug treatment, the assessment agency will structure a recommended treatment program which you must complete.
Another requirement is attending a victim impact panel. A victim impact panel provides a direct experience with those whose lives have been harmed by drunk driving.
The court will also require you to comply with all state laws as they apply to the use of intoxicants, will prohibit you from using alcohol or any other intoxicating drug while the diversion agreement is in effect (with the exception of substances taken in accordance with valid medical instruction or wine provided as part of a religious service), and will order that you install an ignition interlock (a device that tests a driver’s breath for alcohol) in any vehicles you operate while participating in the diversion program. You must also keep the court advised of any changes to your address during the diversion program.
Finally, you must pay all applicable fees to complete the diversion program. Fees may include a filing fee payable to the court, paying costs for the alcohol and drug abuse assessment, paying for the costs of recommended treatment, a victim impact panel participation fee, and installation, maintenance and leasing fees for any ignition interlock devices to be used during the diversion program. Some of these fees may be waived or reduced if you have an inability to pay.
Contact an Oregon DUII lawyer to get into a diversion program
It can be challenging to complete a DUII diversion program. But, in most cases, it is well worth your time, effort and expense. Upon the successful completion of the DUII diversion program, your drunk driving charge will be dismissed.
Talk to an Oregon drunk driving defense lawyer to learn more about DUII diversion. Your attorney can further explain the potential benefits and can help you get into a DUII diversion program. Get in touch with a DUII attorney today, and protect your future from the stain of a drunk driving conviction.