DUI Diversion Frequently Asked Questions

<script type="application/ld+json">{"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What is DUI Diversion? ","acceptedAnswer":{"@type":"Answer","text":"DUI Diversion is an agreement between the court and the defendant that gives the participant the opportunity to get the DUI charge dismissed. The main requirements for Diversion are paying a filing fee, doing an alcohol evaluation and treatment, attending a one time Victim’s Impact Panel, installing an ignition interlock device (IID) in your car, and agreeing to abstain from alcohol and drugs for a year.\n\nIt’s a 12-month agreement. Which means the participant in DUI Diversion has 12 months to get everything done. It most often doesn’t mean that you’re doing things for the entire 12 months, in fact, most of the requirements can be taken care of in 6 months or less, but the agreement with the court lasts 12 months\n\nIf the participant in DUI Diversion abides by the conditions of the agreement, at the end of 12 months the case will be dismissed and the participant can avoid a criminal conviction for their DUI charge. The flip side of the agreement is that if the conditions are not met and the person violates the terms of the diversion agreement, then they will be revoked from diversion, convicted, and sentenced. This is when the jail time, probation, bigger fines, and license suspension come in to play. Plus a DUI conviction will be on someone’s criminal record for life."}},{"@type":"Question","name":"Who qualifies for DUI Diversion in Multnomah County?","acceptedAnswer":{"@type":"Answer","text":"The eligibility requirements for DUI Diversion are the same in every county in Oregon. At the time the person petitions the court for DUI Diversion, they can not have had a felony DUI any time; they can’t have had either a DUI in the last 15 years or another one currently pending; No current court-ordered treatment or any in the last 15 years; No pending vehicular assault and other serious charges or in the last 15 years; On the current DUI there must not have been any injuries or deaths; and the person can not possess commercial driving privileges or have been driving a commercial motor vehicle."}},{"@type":"Question","name":"What if I have other charges attached to the DUI?","acceptedAnswer":{"@type":"Answer","text":"The DUI Diversion agreement applies only to the DUI charge. If there are additional charges, such as Reckless Driving or Hit and Run, then an additional resolution will have to be worked out for those charges."}},{"@type":"Question","name":"What are the fees for DUI Diversion?","acceptedAnswer":{"@type":"Answer","text":"There’s a $490 filing fee, a $150 Evaluation Fee, a Victim Impact Panel fee that can cost between $5 and $50. There will also be fees for treatment and the IID, but those vary depending on the company."}},{"@type":"Question","name":"If I'm in the DUI Diversion can I leave Oregon?","acceptedAnswer":{"@type":"Answer","text":"There are no travel restrictions on a DUI Diversion, but keep in mind that if you’re intending on traveling while in treatment, you’d probably want to make arrangements with the treatment provider so you don’t incur any unexcused absences that could put you in violation of the DUI Diversion agreement."}},{"@type":"Question","name":"What happens if the district attorney objects to DUI Diversion?","acceptedAnswer":{"@type":"Answer","text":"It depends on the basis for the objection. But even if they do object, it’s possible to have what’s called a contested diversion hearing. This would be where the district attorney makes their case to a judge and we would make ours. The judge would ultimately decide. "}},{"@type":"Question","name":"What are the rules surrounding an Interlock Ignition Device (IID)?","acceptedAnswer":{"@type":"Answer","text":"On any case where the blood alcohol content is a .08% or higher, the judge has to order the IID for the full diversion period. If there are no violations during the first 6 months the IID is installed, then we can apply to the court to have it removed."}},{"@type":"Question","name":"If I successfully complete DUI Diversion, is the DUI permanently expunged from my record?","acceptedAnswer":{"@type":"Answer","text":"This is an important point. A successful DUI Diversion results in a dismissal of the DUI. It does not result in an expungement. Expungement is where the case is basically erased. That’s not the case with Diversion. The DUI is dismissed, but there is still a record of the arrest and the fact that you participated in Diversion."}},{"@type":"Question","name":"Do I need a lawyer for the Oregon DUI Diversion program?","acceptedAnswer":{"@type":"Answer","text":"A DUI is a Class A Misdemeanor punishable by up to 364 days in jail. Someone who fails diversion is subject to those penalties and more. I feel that any time your liberty is at stake, all precautions should be taken, and that means hiring a lawyer that knows DUI law. In my experience, the vast majority of people who fail diversion are the ones who try to do it on their own.\n\nA good DUI Diversion lawyer is not only going to make sure everything runs smoothly, but they’re going to make sure you fully understand the requirements before undertaking the process. A good DUI Diversion lawyer also should have connections to different agencies they can refer you to that will make the process much more painless than trying to navigate the process on your own."}}]}</script>