Diversion is a legal procedure allowing most first-time offenders to “divert” their case off the trial docket for one (1) year by pleading guilty or no contest and entering into a Diversion Agreement with the court. During that year, the person is required to do the following:
- Complete and pay for a drug and alcohol assessment through the designated Drug and Alcohol Assessment Agency in the county where you are charged. The cost of this assessment is a minimum of $150;
- Complete a alcohol and/or drug treatment program as recommended by the assessment;
- Attend a Victims’ Impact Panel class, at a cost of $50 maximum;
- Pay a court fee of $490;
- Install and pay for an ignition interlock device in any vehicle you plan to drive during the period of diversion, fees vary with device providers;
- Abstain from the use of intoxicants and controlled substances without a valid prescription during your diversion period.
At the end of the year, if you have successfully completed all the diversion requirements, your DUI charge will be dismissed.
Since you must plead guilty or no contest to enter diversion, failure to complete the diversion conditions will result in a conviction without a trial.
The DUI diversion program has strict eligibility requirements. To qualify, you must meet the following requirements:
- You cannot have had any prior felony DUI convictions in Oregon or any other state;
- You do not currently have any pending cases for DUI in Oregon or a similar law in another state when you file your petition for diversion;
- You do not have any pending cases when you file your petition for diversion for aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide or assault arising from the operation of a motor vehicle and did not have any convictions for those listed offenses for fifteen (15) years beginning on the date of the present offense and ending on the date the diversion petition is filed.
- You cannot be currently participating in a diversion program in Oregon or a similar alcohol or drug rehabilitation program in another state when you file your petition for diversion, or have participated in such a program for fifteen (15) years beginning on the date of the present offense and ending on the date the diversion petition is filed;
- You have had no prior DUI convictions in Oregon or convictions of a similar law in another state for fifteen (15) years beginning on the date of the present offense and ending on the date the diversion petition is filed.
- You did not hold a commercial driver’s license (CDL) on the date of your arrest.
- You were not driving a commercial motor vehicle at the time of your arrest.
- If you were involved in an accident arising out of the DUI charge, you did not cause death or physical injury to another person.
Diversion is not guaranteed, even for those people who otherwise meet all the eligibility requirements. Occasionally, the District Attorney’s office will file an objection to a diversion petition for another reason. You are entitled to a hearing to determine your eligibility to enter the diversion program whenever the District Attorney’s office objects to your eligibility.
It is important to have a DUI attorney helping you through the diversion process. The stakes are too high to gamble. A conviction for a DUI can result in jail time, loss of license, large fines and a conviction on your record that you can never remove. As an experienced DUI attorney, I will walk you through the process and provide the personal attention you deserve. Call today to schedule an appointment.