DUII Diversion Program
If you have been charged with a DUII in Oregon, you may be eligible for the DUII Diversion Program.
What is Oregon's DUII Diversion Program.
If you have been charged with a DUII in Oregon, you may be eligible for the DUII Diversion Program. This program is designed to provide an alternative to criminal prosecution and can allow you to avoid a DUII conviction. In this article, we’ll discuss the Oregon DUII Diversion Program, including the eligibility criteria and the program requirements.
What is the Oregon DUII Diversion Program?
The Oregon DUII Diversion Program is a program designed to provide an alternative to criminal prosecution for individuals who have been charged with a DUII. The program allows eligible individuals to complete a series of requirements over one year in exchange for having their DUII charge dismissed.
Eligibility Criteria for the Oregon DUII Diversion Program
To be eligible for the Oregon DUII Diversion Program, you must meet the following criteria:
- This must be your first DUII offense within the last 15 years. This includes out-of-state DUI, DWI, or similar offenses.
- You were not already participating in the DUII Diversion Program or other similar alcohol or drug rehabilitation program at the time of the DUII arrest.
- You had not participated in a DUII diversion program or other similar alcohol or drug rehabilitation program within the past 15 years.
- Your DUII offense did not involve physical injury or death.
- You did not hold a commercial driver’s license at the time of your DUII offense.
- You were not driving a commercial vehicle during the DUII offense.
If you meet these eligibility criteria, you may be eligible for the Oregon DUII Diversion Program. Understand that to participate in the program, you will enter a Guilty plea or a No Contest plea.
(No Contest pleas are rarely accepted by prosecutors, so discuss the difference between a Guilty and a No Contest plea with an attorney.)
Program Requirements for the Oregon DUII Diversion Program
If you are accepted into the Oregon DUII Diversion Program, you must complete the following requirements within the one-year diversion period:
- Attend an alcohol and drug evaluation and complete any recommended treatment program.
- Attend a victim impact panel.
- Install an ignition interlock device (IID) in any vehicle you drive for at least one year. There are some exceptions to this requirement, so discuss whether you are eligible for an IID exemption with an attorney.
- Attend a DUII Victim Impact Panel.
- Pay all required fees and fines.
If you are unable to complete the diversion program during the one year period, you may apply for an extension. There are also special rules regarding the diversion period for active military, so if you are active military, discuss the diversion period with an attorney.
Benefits of the Oregon DUII Diversion Program
The Oregon DUII Diversion Program can provide several benefits, including:
- Avoiding a DUII conviction on your record.
- Avoiding jail time.
- Having your driving privileges reinstated sooner.
- Completing alcohol and drug treatment that can help you address any underlying issues that may have contributed to your DUII offense.
- Avoiding the stigma of a criminal record.
It’s important to note that if you fail to complete any of the requirements of the Oregon DUII Diversion Program, you may be terminated from the program. If your diversion is terminated, the court will enter a conviction and you will not have an opportunity to take your DUII to trial later. Furthermore, a conviction for DUII cannot be expunged under current Oregon law.
If you have been charged with a DUII in Oregon, the DUII Diversion Program may be a beneficial option to consider. By meeting the eligibility criteria and completing the program requirements, you can avoid a DUII conviction and potentially have your driving privileges reinstated sooner. However, it’s important to understand that the program requires a significant commitment and failure to complete the requirements can result in additional penalties. To determine if the Oregon DUII Diversion Program is the right choice for you, speak with one of our lawyers who can provide guidance and support throughout the process.
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