The Oregon Diversion Program: Get Rid of Your DUI
The Oregon Diversion Program is created by state law as an option for people who have been cited or arrested for their first DUI or DUII (Driving Under the Influence of Intoxicants) charge. Essentially, you are entering into an agreement with the court that gives you the chance to get your DUI dismissed. Generally, most drivers charged with a DUI that have a standard driver's license are eligible for the program. Read more to learn the rules of the Oregon DUI Diversion Program, who is ineligible, along with all the benefits the program provides.
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What’s Required in the Oregon DUI Diversion Program
Participation in the DUI Diversion Program is a 12-month commitment. It will take one year to complete all the steps. However, you should be able to meet most of the requirements in 6 months or less but the standard agreement with the court lasts the full 12 months. The list of requirements to complete the program is as follows:
1. Pay the filing fees
2. Attend a one-time Victim’s Impact Panel
3. Install an ignition interlock device (IID) in your car
4. Do an alcohol evaluation and treatment
5. Commit to abstain from alcohol and other intoxicants for a year What is an Ignition Interlock Device (IID)?
An Ignition Interlock Device is a device that is installed in the car that you will be driving when enrolled in the DUI Diversion Program. It requires you to blow into the device, measuring your blood alcohol levels. If your blood
alcohol reading is below a certain percentage, only then will the engine start. You will be required to use an IID for the entire 12 months of the program. Convicted drivers have a minimum 1, 2, or 5-year requirement that will remain on your driving record until a No Negative Report is processed.
Family members and friends are legally allowed to drive the car containing the installed device. However, anyone operating that vehicle will have to use the interlock device to start the engine. Certain IID companies will automatically report any failure of the interlock system to the DUI evaluator’s office or court. So, even if you didn’t cause the IID failure, you will still have to explain and defend yourself to the court as to why the failure happened.
Will My Record Be Expunged If I Complete the Diversion Program
The DUI Diversion Program in Oregon is a great opportunity for first-time offenders because your criminal charges will be dismissed if you successfully complete the program.
Does the DUI Diversion Program Put Me On Probation?
The diversion program is different from probation. This means that terms of probation aren’t part of the diversion program. Diversion is set up for first-time offenders which helps keep a conviction off your record. Probation is given after a conviction while diversion is before a conviction.
Is Jail Time Required?
In order for there to be jail time, there needs to first be a conviction. Once you successfully complete the program, no jail time will be required.
How Long Does the DUI Diversion Program Stay On Your Record in Oregon?
Being enrolled in the DUI Diversion Program in Oregon will stay on your record for one year. However, even after the program is completed and the charge is dismissed, the program will still reflect on your driving record.
How Do You Fail the Diversion Program in Oregon?
The court can choose to terminate the diversion agreement if you fail to appear in court. They can legally terminate the diversion agreement if at any time during the 12-month program, the court finds you have failed to fulfill the terms addressed in the agreement.
Can I Drive During the Program?
Yes, you can continue to drive while participating in the Oregon DUI Diversion Program. The exception would be if you have other suspensions or revocations of your driving privileges. With that said, most DUI cases may come with a suspension for a period of time.
Will I Have to Undergo Alcohol Treatment?
As mentioned above, one of the requirements to complete the DUI Diversion Program is to complete an alcohol/drug treatment program. You will have an initial assessment from the county evaluator’s office. After this evaluation, you can choose which treatment program you choose to participate in.
The length of each program or treatment center will be different. Generally, they each run between 12 and 18 weeks with a minimum of a 90-day clean and sober period. Plan on taking a urine test at the end of the 90 days to verify your progress. The state requirements are measured in hours of class time. You will typically be given the option to complete your treatment hours sooner if you are willing to spend more hours per week in class.
How Much Does it Cost?
Entering the DUI Diversion program in Oregon will cost you the following:
● $490 for the filing fee
● $150 evaluation fee
● Between $5 and $50 for the victim impact panel fee
Who is Eligible?
The eligibility requirements for DUI Diversion are the same in every county in the state of Oregon. To qualify for the program, you can’t have any prior felony charges against you. You also must not have too many misdemeanor charges against you. During the time you are petitioning the court to enter the program, you can not have had any felony DUI in the past. This also includes not having a DUI in the last 15 years or another one that is pending. In order to utilize this program, you must first plead guilty or “no contest” to the DUI. You can’t challenge any part of the DUI case. If you fail the terms of the program for any reason, you may be convicted and will be sentenced in court. Sentencing could include a minimum one-year driver’s license suspension, fines, probation, and possible jail time.
The Oregon Diversion Program Conclusion
A DUI conviction comes with severe fines and penalties. Successfully completing the diversion program means no criminal conviction, no probation, no conviction-based license suspension, no community service, or mandatory filing of an SR-22. When facing a DUI conviction in Oregon, you don’t want to leave anything to chance. All possible precautions should be taken when your freedom is at stake. Hiring an experienced Oregon attorney to have by your side can make all the difference in keeping your record clean. Most people who don’t successfully complete diversion are those who tried to do it on their own. Shannon Powell with Powell Law has vast experience with DUI Diversion Program in Oregon. Don’t make the mistake of walking this uncharted path alone. Get ahold of Shannon Powell today!
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*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
