Oregon has instituted a diversion program which may allow some drivers who are arrested for DUI to avoid a DUI conviction, assuming they meet the requirements to participate and they complete the program.
Who can participate in the Oregon Diversion Program?
Drivers who have been arrested may be eligible to participate in the Oregon diversion program is they meet very specific criteria.
- They have not been convicted of DUII in the last fifteen years.
- They have not participated in a DUII Diversion Program in the fifteen years prior to the current arrest, or participated in a similar alcohol/drug rehabilitation program.
- They do not have a Commercial Driver License.
- The drunk driving arrest did not involve an accident in which another person was injured.
Requirements of the Oregon Diversion Program
If you agree to participate in the Uniform DUII Diversion program you have made an agreement with the court that they will dismiss your DUII charges if you meet specific criteria.
- First you must pay all necessary fees to the court. Some fees may be waived if you can prove to the court that you cannot afford to pay them.
- You must complete an alcohol and drug abuse assessment as directed by the court.
- If a treatment program is required, you must complete the treatment program.
- You must attend a victim impact panel.
- You must abstain from intoxicants as defined under state laws for the duration of the agreement. Exceptions are made for sacramental wine given or provided as part of a religious rite or service; alcohol or a controlled substance taken as directed pursuant to a valid prescription; or a non-prescription drug that contains alcohol so long as taken in accordance with the directions for use that are printed on the label.
- Notify the court of your current living arrangements.
- Install and use an ignition interlock device on all of the vehicles you drive.
Applicants who complete the program may have the DUII dismissed at the end of the year. This may be done automatically by the courts or you may have to file the proper motion. If you violate the terms of the diversion program the agreement is null and void. You do have the right to challenge any termination notices through a scheduled hearing. Failing to appear at a termination hearing may result in a warrant for your arrest and a termination of the diversion agreement. What if you do not complete the terms of the agreement? You can be sentenced without a trial.
What happens to my driving record if I complete the diversion program?
Unfortunately, even if you complete the diversion program it will be noted on your driving record as a diversion. The good news is that it will not be considered a DUI conviction, but under Oregon law, DUI arrests, diversions, and convictions cannot be expunged, set aside, or sealed. So this means the fact you were arrested for DUII will be part of your driving record.
What will the Oregon DUI diversion program cost?
Required fees for completion of the Oregon Diversion program (effective April 1, 2012) include:
- $490 in fees to the court;
- $150 for the alcohol / drug evaluation
- $50 or less for the victims impact treatment
- Fees for each of the alcohol / drug treatment classes which will vary;
- Fees for the urine tests
- Fees for the ignition interlock device if you intend to drive during your one year diversion period.
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