The Oregon DUII Diversion Program – Avoid a Criminal Conviction
Oregon created the Diversion Program to allow eligible offenders to avoid a DUII conviction. If eligible, you may want to take advantage of this program.
The Diversion Program lasts one year, and requires that all elements of the program be completed to dismiss your DUII, including payment of upfront fees, completion of education courses, attendance at a Victim Impact Panel presentation, abstinence from usage of intoxicants, and maintaining a clean driving record. Be aware, however, that there may be downsides in choosing to participate in a Diversion Program. Therefore, you should contact an experienced Oregon DUII Attorney to better understand the specific requirements pertaining to your charge, and which of your legal rights could be impacted by a Diversion Program.
Oregon DUII Diversion Program Eligibility
Diversion program eligibility is based on a variety of criteria; including, but not limited to your driving history, your treatment history, the severity of your infraction, and whether you have a Commercial Driver’s License. Specific Oregon DUII Diversion Program eligibility can be found here: DUII Diversion Eligibility Factors.
Oregon DUII Diversion Program Costs & Application Process
Participation in Oregon’s DUII Diversion Program requires a filing fee and a screening fee. The screening fee covers the required alcohol and drug evaluations for the program. Both of these fees are mandated by statute. However, there may be additional costs depending on treatment and associated costs for the Victim Impact Panel Program. Diversion Program filing fees are due at the time of petition for entry into the program.
What happens to my driver’s license while in the DUII Diversion Program?
If you are arrested for a DUII and fail a breath test or refuse to take a breath test, your license will be suspended by the DMV for at least 90 days, but the suspension can last up to three years depending on your prior DUII record. However, you have an opportunity to challenge this suspension by requesting a hearing with the DMV within ten days of the arrest. In addition to a possible DMV suspension, the courts in Oregon will suspend or revoke driving privileges. However, the court will not impose this additional suspension if you successfully complete the terms of your Diversion Program Agreement. A qualified DUII attorney is crucial to ensure that you receive the best possible advice and outcome. Gilroy & Napoli has extensive experience with DUII and Driving While Intoxicated (DWI) cases in the Portland metro, and the entire Oregon region. Contact us for more information.
Will a DUII go on my record by entering a DUII Diversion Program?
If you successfully complete the Diversion Program your record will show a DUII diversion, not a conviction.
Rights Waived by Entering the DUII Diversion Program
A person must waive certain rights to participate in the DUII Diversion program. These rights include:
1. Right to jury trial
2. Right to see, hear, and question all witnesses who testify against the defendant at trial
3. Right to remain silent
4. Right to subpoena witnesses and evidence in defendant’s favor
5. Right to have a lawyer’s assistance at trial
6. Right to testify at trial
7. If the defendant does not testify at trial, the right to have the jury told they cannot hold that decision against defendant
8. Right to require the state to prove guilt beyond a reasonable doubt
9. Right to appeal unless defendant can make a colorable claim of error
10. Right to raise defenses or challenge evidence
Your Lawyer and Your Diversion Program
Entering a DUII Diversion Program provides the opportunity to benefit from reduced overall court costs. In addition, the penalty of having your driver’s license suspended and the possibility of jail time for being convicted of a DUII will be removed upon successful participation in a DUII Diversion Program.
Regardless of the details of your case, you need an experienced Oregon DUII attorney to decide which actions are right for you.