Were you recently arrested on suspicion of driving under the influence of intoxicants (DUII) in Oregon? If so, you could be eligible to enter Oregon’s DUII diversion program. This program allows people just like you to earn a dismissal of their charge by completing specific court-ordered obligations.
By entering and completing the DUII diversion program, you could avoid some of the harsher penalties like jail time, hefty fines, and mandatory one-year suspension of your driver’s license.
To find out if you are eligible to enter the DUII diversion program and learn about all of your legal rights and options, contact the Portland DUI lawyers of Siefman Law, LLC right away. We’re standing by to help you, so call us at (503) 395-2135 or contact us online to schedule a free consultation.
Eligibility for Oregon DUII Diversion Program
Under Oregon Revised Statute § 813.215, an alleged offender is eligible for diversion if they satisfy all of the following conditions:
- The alleged offender has no criminal charge, other than the charge for the present offense, pending for an offense of driving while under the influence of intoxicants in violation of Oregon Revised Statute § 813.010 or a similar offense in another jurisdiction;
- The alleged offender has not been convicted of a DUII in the 15 years before the date of the current alleged offense;
- The alleged offender has not been convicted of a felony DUII offense;
- The alleged offender was not participating in a DUII diversion program or similar alcohol or drug rehabilitation program;
- The alleged offender did not participate in a diversion or rehabilitation program within the 15 years before the date of the commission of the current alleged offense;
- The alleged offender had no charge of an offense of aggravated vehicular homicide or of murder, manslaughter, criminally negligent homicide, or assault;
- The alleged offender has not been convicted of aggravated vehicular homicide or of murder, manslaughter, criminally negligent homicide, or assault in the 15 years prior to the date of the current alleged offense;
- The alleged offender did not hold commercial driving privileges on the date of the commission of the current alleged offense;
- The alleged offender was not operating a commercial motor vehicle at the time of the offense; and
- The alleged DUII offense did not involve an accident resulting in the death of any person or physical injury to any person other than the alleged offender.
Under Oregon Revised Statute § 813.215(3), a person could qualify for a second or subsequent diversion program if they meet all of these conditions and have not been convicted of any other criminal offense involving a motor vehicle within the past 15 years. Under Oregon Revised Statute § 813.220, the court must consider whether the diversion will be of benefit to an alleged offender and the community when making a determination on a DUII diversion agreement.
The court can also take all of the following into consideration:
- Whether there was an early recognition by the alleged offender that a course of diagnosis and treatment of problem drinking, alcoholism or drug dependency would be beneficial;
- Whether there is a probability that the alleged offender will cooperate with the diagnostic assessment and treatment agencies;
- Whether the alleged offender will observe the restrictions contained in the diversion agreement; and
- Whether the offense was committed in a motor vehicle and whether there was a passenger in the motor vehicle who was under 18 years of age and at least three years younger than the alleged offender.
Oregon Revised Statute § 813.220 further provides that a court must deny a petition for a DUII diversion agreement if:
- The alleged offender failed to appear at an arraignment on the present offense without good cause;
- After the date the alleged offender filed the petition, they were charged with or convicted of DUII or a similar crime in another jurisdiction;
- The alleged offender participated in a DUII diversion program or in any similar alcohol or drug rehabilitation program after filing the petition;
- The alleged offender was charged with or convicted of an offense of aggravated vehicular homicide or of murder, manslaughter, criminally negligent homicide, or assault; or
- The alleged offender was convicted of felony DUII.
Under Oregon Revised Statute § 813.220(12), the court cannot deny a petition for a DUII diversion agreement solely on the basis that the alleged offender is a member of the Armed Forces of the United States or the reserve components of the Armed Forces of the United States or the National Guard and has been called or demonstrates that they will be called to active duty and military service could impair their ability to complete the diversion program.
Oregon DUII Diversion Program Requirements
To successfully complete Oregon’s DUII diversion program you will have to meet specific requirements during your probationary period. You will be required to attend a victim impact treatment session, also known as a victim impact panel or VIP, and pay a reasonable fee to that program.
You could also be required to install an ignition interlock device (IID) on all vehicles that you own or operate. The device must be maintained for one year, although this requirement could be reduced to six months in some cases.
You might also have to undergo diagnostic evaluations to determine if you have any alcohol or drug dependence issues. The assessment could lead to an additional treatment requirement, and Oregon Revised Statute § 813.233 provides an exemption from completing treatment in Oregon for members of the Armed Forces of the United States or reserve components of the Armed Forces of the United States or the National Guard.
Additional fines, fees, and other court costs could also be involved. You will likely be ordered to abstain from drugs and alcohol and could be subject to random urinalysis.
Contact Us Today
If you were arrested for an alleged DUII offense in Oregon, the diversion program offered by the state is often one of the best possible avenues for dealing with the charges and avoiding the harshest penalties. Because you’ll have to meet specific criteria to qualify, be sure to discuss your case with an experienced DUII lawyer right away.
The criminal defense attorneys of Siefman Law LLC are committed to defending those charged with crimes like DUII in Portland and the surrounding areas. Our goal is always to get the best outcome for you, which is usually the one that helps you put the charges behind you and move on with your life as soon as possible. Call our knowledgeable attorneys to discuss your eligibility for the DUII diversion program at (503) 395-2135 or contact us online as soon as possible.