A DUI diversion is a process of resolving a DUI charge. It has good and bad sides for the person who’s accused of a DUI. It’s not for everyone and not every person charged with DUI will be offered a diversion. It’s an agreement between the person that is being prosecuted for DUI and the city or state that is suing them for the violation. Both parties are giving up something or give up on some benefit at the request of the other party. The accused party for DUI will be asked to surrender some of their rights and do certain tasks in exchange for a dismissal of the DUI case against them.
If you’ve been convicted with a DUI charge in Oregon, no matter if you get an offer for a diversion, always consult with a DUI lawyer.
DUI Diversion Issues
A diversion is a once in a lifetime agreement and if you’ve had one in the past you won’t get a chance for another one in the future. If you are a first-time offender you still might not be able to get a diversion agreement with the city or state. It depends entirely on the City or State that is prosecuting you to decide if they want to offer you a diversion. If you were involved in an accident, it means that you won’t be allowed to do a diversion. The jurisdictions won’t allow you to do it (especially if you were if the DUI was based on drugs, if you have another criminal history, etc.)
You’ll have to sign a diversion agreement in which you state that you waive your rights to a jury trial, a speedy trial and to confront witnesses. These three rights are crucial. If you reject these rights and then make a mistake on diversion, it will impossible, to prevail at a trial.
You have to agree to the police reports. If you agree or stipulate to the police reports in your case, you are handicapping yourself if you ever have to take the case to trial. It will be impossible for you to win a trial if you have already agreed that you did the DUI offense.
Diversion can be misleading; defendants are often informed that the diversion is a way to “Keep the DUI off their record.” This isn’t quite accurate. When you accept a diversion agreement and successfully complete it, the DUI will be removed from your record as a conviction. There is a difference between doing a diversion and taking the case to trial and getting it dismissed.
This agreement requires you to do many difficult things. The most difficult thing people are asked to do is to stop using drugs and alcohol for the 12 month period they are expected to. If you accept this, you’ll undergo random tests. If you fail a test, the city or state do their best to take the diversion away from you.
Advantages of DUI Diversion
It can be the best option to resolve a DUI charge. You’ll know your outcome since the diversion is a safe play. If you’re charged with a crime, the uncertainty will be nerve-wracking and difficult for the defendant. In this case, you’ll know the outcome. You know you won’t go to jail. No matter if you’re a first-time offender, if you finish the diversion successfully, you won’t go to jail.
The conviction won’t stay on your record. This is especially important when you’ll look for a job, or try to enroll in college, looking to buy or rent a home.
If you access a diversion agreement and finish it successfully, you can honestly say that you have never been convicted of a crime (when your future boss or landlord asks you this).
If you aren’t sure about this option (in case you’ve been offered), make sure you consult with a DUI attorney. Your lawyer would make sure that you know all potential risks as well as advantages before you accept it.
No matter if this is your first-time DUI offense, never go into the legal process on your own. This is a serious conviction that will stay on your record, and besides that, you’ll face many penalties such as driver’s license suspension, financial fees, jail time, and an ignition interlock device.
Our team at Trilogy Law has experience with such cases and we’ll gladly answer every question you have. Allow us to guide you through the entire process.