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| Diversion (1st Offense) | | | 2nd to 3rd DUII | | | DUII (Drunk Driving) | | | Criminal Defense |
Oregon DUII Diversion Program, Class, and Rules
- Warning: You only have 10 DAYS to request a DMV hearing to protect
your driver's license! -
(Click here for a free form to appeal your
suspension - FAX IT NOW!)
Oregon
law cuts a DUII driver a break if it is their first drunk
driving offense by allowing them to enter into the
diversion program.
You are diversion eligible under ORS 813.215 if (1) you have not had a DUII or DUII diversion (or similar drug or alcohol program) in the last 15 years (10 years if arrest was prior to January 1, 2010); (2) your DUII didn't involve an accident where someone (other than you) was injured; (3) you don't have a commercial driver's license; and (3) you otherwise qualify under the statute. If this is your second diversion, you must qualify as above and you must have been convicted of any other criminal offense involving a motor vehicle in the last 15 years (e.g., Reckless Driving, Assault, Criminal Mischief, etc.).
If you don't think you qualify, click here.
To enter into the Oregon diversion program you have to plead guilty or no contest to the charge. Some judges do not accept a no contest plea in a diversion case despite it being statutorily authorized under ORS 813.200(4)(a). Your guilty plea is held in abeyance during the diversion period. If you comply with the terms (no drinking is a new term effective in 2011 and an ignition interlock device becomes mandatory in 2012) and stay out of trouble, your DUI is dismissed at the end of one year.
There is a diversion fee of $458 that can
be paid on a payment plan but must be paid during the
yearlong program. Other fees in Oregon include a fee for
the alcohol diagnostic assessment ($150), victim impact
panel (between $5 and $50), and the actual weekly
diversion classes (fees very depending on county).
Failing/Terminating Diversion
If you fail to comply with the terms of Oregon's diversion program, the court could terminate your diversion and sentence you for the Driving Under the Influence of Intoxicants charge. The mandatory minimum for a DUII is two days jail or 80 hours community service work and a $1,000 fine. There's an additional $2,000 fine if your BAC was 0.15% or higher. AND you still have to do the victim impact panel and alcohol treatment as part of probation.
The two most common reasons for failing the diversion program include getting a new DUII and missing diversion classes.
Do you need an attorney if diversion eligible?
People enter diversion every day without a
lawyer. The paperwork is available at the
courthouse. However, there are significant
advantages to having an attorney look at your case before
entering diversion. First, you will still be
suspended by the Oregon DMV if you failed or refused the
intoxilyzer; an attorney can defend you at the DMV
hearing. Second, if you are not guilty (not
driving, not impaired, less than 0.08% BAC, etc) but are
charged anyway, the diversion process could prove an
unnecessary and expensive inconvenience. Third, an
attorney can review the case for possible suppression
issues that could result in a dismissal or triable DUII
case. Fourth, if there was an accident involved, you need
to protect yourself from civil liability.
Do you need more information?
For more information about Oregon DUIIs, click here. If you don't think you qualify for diversion, click here.
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| Diversion (1st Offense) | | | 2nd to 3rd DUII | | | DUII (Drunk Driving) | | | Criminal Defense |
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