The Oregon DUI Diversion Program is like getting a second chance if you've been caught driving under the influence for the first time. Instead of going straight to court and possibly facing severe penalties, the program gives you an opportunity to take responsibility for your actions while avoiding a conviction on your record. Continue reading for helpful information on program requirements, restrictions, and all you need to know.
What Is The DUI Diversion Program in Oregon?
The DUI Diversion Program in Oregon offers a way for individuals charged with their first DUII (Driving Under the Influence of Intoxicants) to avoid a conviction. Instead of facing the traditional court process, participants enter into a court-supervised agreement that includes completing specific requirements. This could involve attending treatment or education programs.
The program is designed to help people address any underlying issues related to alcohol or substance use and aims to reduce the chances of repeat offenses. It emphasizes rehabilitation over punishment, providing a chance for participants to move forward without a criminal record.
When Can You Use The DUI Diversion Program in Oregon?
You can only use the DUI Diversion Program in Oregon if you've been charged with your first DUII. This program is specifically designed for first-time offenders, so if you haven’t been convicted of a DUII in the last 15 years and meet other eligibility criteria, you may qualify. It’s important that the incident didn’t involve any injuries or fatalities, as cases with more serious outcomes typically don’t qualify for diversion.
To be eligible, you also shouldn’t have any other DUII charges pending and must not have been participating in a similar diversion program in the last 15 years. Essentially, the program is for those who made a mistake and are willing to take steps to address it.
What The Oregon DUI Diversion Program Requires
The Oregon DUI Diversion Program is a 12-month commitment. Successfully completing the program within this timeframe can lead to the dismissal of your charges. Here’s what the Oregon DUI Diversion Program requires:
● Pay the Fees: The first step in the program is to pay the required fees, which are necessary to participate.
● Drug and Alcohol Assessment: You’ll undergo an evaluation to determine the level of treatment or education needed, which may involve attending classes or treatment sessions focused on substance use and prevention.
● Complete Recommended Treatment or Education: Based on your assessment, you’ll need to participate in the prescribed program, which could include attending educational courses or receiving treatment.
● Victim Impact Panel: You must attend a session where you’ll hear from individuals affected by drunk driving, providing insight into the serious consequences of impaired driving.
● Abstinence: You’re required to abstain from alcohol and non-prescribed drugs throughout the duration of the program.
● Ignition Interlock Device (IID): If you want to continue driving during the program, you may need to install an IID in your vehicle. This device prevents the car from starting if it detects alcohol on your breath.
● Legal Compliance: You must stay out of legal trouble, meaning you can’t be arrested or charged with any other crimes during the program.
Does It Require Jail Time?
No, the Oregon DUI Diversion Program does not require jail time. One of the main benefits of the program is that it allows you to avoid jail by completing the program's requirements instead. If you successfully complete the program, you can avoid not only a DUII conviction but the possibility of jail time as well.
Does It Put You On Probation?
This program is different from probation, and probation isn’t part of the Oregon DUI Diversion Program. Probation is typically given after a conviction, but the goal of this program is to help first-time offenders avoid a conviction altogether. By successfully completing the program’s requirements, you can prevent a DUII conviction, thus avoiding the penalties, like probation, that come with it.
Can You Drive During the Program?
Yes, you can drive during the Oregon DUI Diversion Program, but there are some conditions. You’ll likely need to install an ignition interlock device (IID) in your car. This is to ensure you’re not driving under the influence while participating in the program. As long as you meet this requirement, you can continue driving throughout the entire program.
How Much Does It Cost?
The fees for the Oregon DUI Diversion Program typically include the following components:
1. Program Fee: This is the main fee for entering the diversion program, which is generally around $490.
2. Drug and Alcohol Assessment Fee: You’ll need to pay for a substance use assessment, which usually costs between $150 and $200.
3. Victim Impact Panel Fee: Attending this panel usually costs around $50.
4. Ignition Interlock Device (IID) Fees: If you’re required to install an IID, there are installation and monthly monitoring fees. Installation can cost about $70 to $150, with monthly monitoring fees ranging from $60 to $80.
5. Court Fees: There may be additional court-related fees that vary by county.
When It Isn’t An Option
The Oregon DUI Diversion Program isn’t an option for everyone. If you’ve been charged with a DUII that resulted in injury or death, you won't be eligible for the program. The program is designed for first-time offenders with less severe cases, so more serious incidents involving harm to others automatically disqualify you from participation. And as mentioned earlier, if you have a previous DUII conviction within the last 15 years or have participated in a similar diversion program during that time, you won’t be eligible.
The program is strictly for those who are facing their first DUII offense in many years.
Another situation where the DUI Diversion Program isn’t an option is if you’re currently facing other criminal charges. The program requires participants to stay out of legal trouble during the 12-month period, so if you have other charges pending, the court may not consider you for diversion. In these cases, you’ll likely have to go through the traditional legal process instead.
Other Options Instead of Diversion
Here are some other options if the Oregon DUI Diversion Program isn’t available:
● Plea Deal Negotiation: Work with the prosecutor to potentially reduce charges or receive a lighter sentence.
● Going to Trial: Fight the charges in court if there’s a belief that the evidence is weak or that your rights were violated.
● Minimizing Penalties: If a conviction is likely, focus on reducing the severity of the penalties, such as seeking probation, alternative sentencing, or reduced jail time.
Having an experienced attorney can help you navigate these options and work toward the best possible outcome in your case.
How Long Does a DUI Stay On Your Record in Oregon?
A DUII conviction typically stays on your driving record in the state of Oregon permanently. Unlike other states that may allow for a DUII to be removed after a certain period, Oregon doesn’t offer expungement for DUII convictions. This means that once you’re convicted, it remains on your record indefinitely and can impact your insurance rates, employment opportunities, and other areas of your life. However, if you successfully complete the DUI Diversion Program, you can avoid a conviction, meaning it won’t appear on your criminal record.
The Oregon DUI Diversion Guide Conclusion
The Oregon DUI Diversion Program offers a valuable opportunity for first-time offenders to avoid a DUII conviction by meeting specific requirements over a 12-month period. While the program isn’t an option for everyone, it can help those who qualify by focusing on rehabilitation rather than punishment. Understanding the eligibility criteria, costs, and obligations involved is important for anyone considering this path to resolve their DUII charge.
At Trotter Law, our team specializes in DUI cases, and we are committed to helping you achieve the best possible outcome. We understand the complexities of the legal system and will work tirelessly to navigate your case, exploring every option to avoid a conviction. Whether it’s guiding you through the DUI Diversion Program or defending your rights in court, our experienced attorneys are here to support you every step of the way.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
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