DUI Diversion Program
Marc Gunn - DUI Defense Attorney, Salem
Disclaimer
Information about the " Oregon DUII Diversion Program " is provided here only for educational purposes related to DUII laws in Oregon. This information should not be interpreted as legal advice, nor substituted for the specific legal advice of an experienced attorney.
What is the Oregon DUII Diversion Program?
1) Oregon law provides for a diversion program for individuals who have not been convicted of DUII in the last fifteen years, who have not participated in a DUII Diversion Program in the fifteen years prior to the current arrest, or participated in a similar alcohol/drug rehabilitation program. In addition, to qualify for the DUII Diversion Program, you must not hold a Commercial Driver License, and the arrest could not have involved an accident in which another person was injured.
2) The DUII Diversion Program requires a one year commitment. The petition to enter DUII Diversion must be filed with the court within 30 days of the first appearance, unless the court allows a later filing date for good cause. In order to participate in the DUII Diversion Program, you must plead guilty or no contest. The court will hold the guilty or no contest plea, and give you an opportunity to complete an alcohol/drug assessment and treatment as an alternative to prosecution. You will also be required to pay a filing fee to the court, and most jurisdictions require attendance at a Victim Impact Panel and that you pay all costs.
A One Year Program to Dismiss Charges
3) At the end of one year, if you have successfully competed the alcohol treatment and education program, paid all of the required fees and completed all other requirements of the Diversion Program, the charge of DUII will be dismissed by the court. If you do not complete all the requirements of the Diversion Program, the diversion agreement will be terminated and the case will be set for sentencing.
4) Even if successfully completed, participation in the DUII Diversion Program will be noted on your Oregon driving record as a diversion, but not as a conviction. In Oregon, a point system is not used, so points reflecting adversely on your driving record are not assessed. Under Oregon law, DUII arrests, diversions, and convictions cannot be expunged, set aside, or sealed.
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