In Oregon, the decision to drink and drive can come with some serious consequences. Intoxicated drivers who choose to operate a vehicle and have a blood alcohol concentration (BAC) of .08% or above are breaking the law and will be arrested if they are caught. But if this is your first time being arrested for driving under the influence, you may be able to have your charges dismissed if you opt to participate in a program known as DUII diversion. What is DUII diversion and what’s involved in the DUII diversion process? We’ll discuss those questions in today’s post.
What Is DUII Diversion?
If you are facing a DUII conviction and have already met with a lawyer, you may have heard this program mentioned and wondered, “what is DUII diversion, anyway?” This is a program open to certain individuals who have been arrested on DUII charges. Upon successful completion of this program, participants are able to have their DUII charges dismissed. This is an attractive option for many people who want to avoid a trial and the potential consequences of a conviction. This program typically lasts for one year and involves drug and alcohol treatment, victim impact panels, fees, and the installation of vehicular ignition interlock devices.
Am I Eligible For a DUII Diversion Program?
In order to avoid a DUII conviction through a DUII diversion program, you will need to meet a rather strict set of criteria. You must never have been charged with or convicted of a DUII (or DUI/DWI) in the past in any jurisdiction within the last 15 years. You will be deemed ineligible for a diversion program if you have already participated in such a program within the last 15 years, as well. You cannot have been charged with assault, criminally negligent homicide, manslaughter, or murder related to this vehicle-related charge or others in your past, nor can you participate in the program if the offense in question involved your operation of a commercial motor vehicle. You can’t even hold commercial driver privileges at the time you committed the offense in question. Your DUII charges cannot involve physical injury or death of anyone else, and you cannot have been convicted of a felony DUII/DUI/DWI anywhere else to be eligible. There may be other requirements and conditions you must meet in order to be eligible for a diversion program, so it’s best to consult with a reputable attorney to find out for sure whether this may be an option for you.
What’s Required During the DUII Diversion Process?
If you’re curious to know what is DUII diversion and what is required of participants within this program, your lawyer will be an excellent resource. When you agree to enter into a diversion program, you will be required to sign an agreement with the court that says your charges will be dismissed if you complete everything that’s required of you within a certain time frame (typically within a year). You’ll need to undergo an evaluation to determine what type of treatment you require and complete the drug or alcohol treatment (usually in a classroom setting). You will also be required to go to a victims’ impact treatment session once during your program. You must make a commitment to abstaining from alcohol and drug consumption for the entirety of the program. You’ll need to install an ignition interlock device on any and all vehicles you drive during the program, even if your license is already suspended. Finally, you will need to pay for assessments, fees, and other costs during this time. Your DUII diversion attorneys will inform you that you have to plead “not guilty” or “no contest” in order to enter this program; be aware that if you do not complete the program and violate this agreement, this will impact the outcome of your case. However, if you do complete the program successfully, you will be able to file a motion with your lawyer to dismiss the DUII charge.
For many people who are facing their first DUII charge, understanding exactly what is DUII diversion and the benefits of this type of program will be essential. To find out more or to explore the options available to you, contact our law firm today.