In Oregon, what many know as a DUI is officially called a DUII, meaning "Driving Under the Influence of Intoxicants." This covers not just alcohol, but also drugs and other substances that can impair your ability to drive. We’ll refer to it as a DUI in this article. The DUI Diversion Program offers first-time offenders a chance to have their DUI charge dismissed by completing a year-long program.
This initiative focuses on rehabilitation, aiming to address the root causes of impaired driving. By participating, individuals commit to fulfilling specific obligations within a designated timeframe, ultimately leading to the dismissal of their DUI charge. This approach not only benefits the individual by providing a second chance but also enhances public safety by promoting responsible driving behaviors.
Oregon DUI Diversion Program Rules
Participants of the program must follow specific rules to successfully complete the program. These include entering a guilty or no contest plea to the DUI charge, which the court holds during the diversion period. If all program conditions are met within the designated timeframe, the charge is dismissed.
Oregon DUI Diversion Program Requirements
1. File a Diversion Petition: Submit a petition to the court within 30 days of your first appearance.
2. Enter a Plea: Plead guilty or no contest to the DUII charge; the court will hold this plea during the diversion period.
3. Pay Required Fees: Cover all associated fees, including court filing fees and any applicable restitution.
4. Complete an Alcohol and Drug Assessment: Undergo an evaluation to determine the appropriate level of treatment.
5. Follow Recommended Treatment: Participate in and complete any treatment programs recommended based on your assessment.
6. Attend a Victim Impact Panel: Participate in a session where you'll hear from individuals affected by impaired driving incidents.
7. Abstain from Intoxicants: Refrain from using alcohol and non-prescribed drugs throughout the program.
8. Install an Ignition Interlock Device (IID): If required, install an IID in any vehicle you drive during the diversion period.
9. Maintain Communication: Keep the court informed of your current mailing address and promptly report any changes.
Who Qualifies For It?
To qualify for Oregon's DUI Diversion Program, you must meet specific criteria:
● No Recent DUI Convictions: You haven't been convicted of a DUI offense in the past 15 years.
● No Pending DUI Charges: You don't have any other DUI charges pending at the time of your application.
● No Participation in Similar Programs: You haven't participated in a DUI diversion or similar alcohol or drug rehabilitation program within the last 15 years.
● No Severe Incidents: The current DUI offense didn't involve an accident that resulted in death or physical injury to another person.
● Non-Commercial Driver: You didn't hold commercial driving privileges at the time of the offense and weren't operating a commercial vehicle.
How Long Is The Program?
The Oregon DUI Diversion Program is designed to last exactly one year. During this time, participants must complete all program requirements. It's important to manage your time effectively to make sure each obligation is fulfilled within this 12-month period. If you feel like you can’t meet the deadline, you can request a single extension of up to 180 days. However, these extensions are granted only if you can demonstrate a good faith effort to complete the program and the ability to fulfill all remaining conditions within the extended timeframe.
Is Jail Time Required?
Jail time isn’t a required component of the Diversion Program. The program serves as an alternative to traditional sentencing, allowing eligible individuals to avoid a DUI conviction and its associated penalties, including jail time. However, participants who don’t adhere to the specific conditions can be dismissed from the program, leading to a conviction. A conviction could lead to potential sentencing and jail time.
Will You Be On Probation During the Program?
While the program requires participants to follow specific conditions, it doesn’t place them on formal probation. But keep in mind that failing to meet the program's requirements can lead to termination from the program and subsequent sentencing, which may include probation.
Does the DUI Diversion Program Stay On Your Record and For How Long?
Successfully completing the DUI Diversion Program in Oregon results in the dismissal of the DUI charge, meaning no conviction is entered on your criminal record. However, the arrest and participation in the diversion program remain on your record permanently and can’t be expunged under current Oregon law. This means that while you avoid a conviction, the fact that you were arrested and entered into the diversion program will always be part of your record.
Driving Privileges During the Program
During the DUI Diversion Program, you can generally maintain your driving privileges. However, the court might require you to install an ignition interlock device (IID) in any vehicle you operate. This device prevents the vehicle from starting if it detects alcohol on your breath. Additionally, you must abstain from using intoxicants, including alcohol and marijuana, throughout the program.
How Much Does It Cost?
● Court Filing Fee: $490.
● Alcohol and Drug Assessment Fee: $150.
● Victim Impact Panel Fee: Typically around $50.
● Alcohol and Drug Treatment Costs: The cost varies based on the treatment program. Some treatment programs are longer and more expensive than others. Participants must pay for any treatment recommended by the assessment or ordered by the court.
● Ignition Interlock Device (IID) Costs: If ordered by the court, participants must pay for installing, leasing, and maintaining an IID in any vehicle they operate during the diversion period. Installation can run between $75-$150. Monthly monitoring fees will be closer to $60-$80.
● Court-Appointed Attorney Fees: If you have a court-appointed attorney, you may be responsible for their fees. The court may allow payment in installments over time.
● Restitution: If a victim suffered economic damages, the court might order restitution. The amount varies based on the specific circumstances of the case.
The DUI Diversion Program in Oregon Conclusion
Navigating the legal landscape after a DUI charge in Oregon can be completely overwhelming. The DUI Diversion Program offers a structured path toward resolution, emphasizing rehabilitation and personal growth. However, understanding and fulfilling the program's requirements can be complicated. Having a trusted and experienced attorney by your side can make all the difference in such a challenging situation. At Oregon Gun Law, we’re dedicated to guiding you through this process, ensuring you meet all obligations and work toward a positive outcome. Our team is committed to providing the support and expertise you need during a very stressful time.
