Facing a charge for driving under the influence of intoxicants (DUII) is a concerning and confusing time. You will probably hear many possibilities for your future, and not all of them are easily understandable. One option, a very promising one for those who have had no other DUII charges in the last 15 years, is an Oregonian program called DUII diversion. Oregon realizes the unfortunate statistic that the average drunk driver has driven drunk approximately 80 times before their first arrest, and that a compassionate and effective approach to this criminal matter is to offer a cleaner slate in exchange for getting sober. Here’s an essential FAQ list to introduce yourself to the basics of this program before you go into details with your DUII defense attorney.
What is the DUII diversion program?
The DUII diversion program is designed to give people with first-time DUII allegations against them a chance to reform their behavior through certain special conditions they have to complete. Going through the program gives those charged a second chance the opportunity to avoid other traditional penalties for a DUII charge.
Do I qualify?
If it is your first DUII conviction ever, or your first in the past 15 years, you may qualify for the program. Then you just need to show up to court on the day and time you are scheduled, and file the correct paperwork with your attorney. Other details of your specific case and personal/criminal history may change your qualification status, which can be explained more by your attorneys.
What do I need to do to complete the program? How long does it take?
Generally the program must be completed within a year. In extremely rare cases, a judge may grant an extension of up to six months, but this is very unusual. You will need to pay court fees, get evaluated by substance abuse professionals, and go through with whatever therapy or treatment they deem necessary. The program also calls for a victim’s impact panel. An ignition interlock device (basically a breathalyzer test that allows your car to start) will need to be installed on any vehicle you’re going to drive during the program.
What kind of restrictions and life changes are there in the program?
Any unprescribed drug or alcohol consumption is banned in the program. You will likely need to make time to participate in therapy. If you plan on leaving the state at all, you should take extra measures to notify your attorneys and anyone involved in your treatment so there are no negative consequences or misunderstandings. Otherwise, you go about your daily life.
What happens when I finish the program?
If you successfully complete all the necessary steps within a year, your diversion will automatically end and your DUII charge will be dismissed from your criminal record.
Will the DUII diversion program clear all charges from my record?
If you complete the program, only your DUII charge will be cleared. Any related charges will not.
What if the District Attorney’s Office objects to my program entry?
Many facts about your case may cause the DA’s office to reject your program entry. The good news is that you and your lawyer can appeal to a judge to make the final decision.
If you are being faced with a DUII charge and are looking for someone with extensive knowledge of DUII law in the state of Oregon, contact Jared Justice today to protect your best interests in court.