If you have a DUII charge, you might actually qualify for the Diversion program. The program is only available for DUII charges – any other charges do not apply! While a broader eligibility description for Diversion follows, it is worth noting that specific details about your criminal history and the case might impact your eligibility for diversion. To be eligible for the program on the day you file a petition for entrance into the program, you mustn’t have been convicted for driving under the influence of intoxicants in the last 15 years.
Furthermore, you mustn’t have participated in a similar drug or alcohol rehabilitation or DUII Diversion program in the last 15 years. You must not have operated a commercial vehicle at the time of the offense, or have a commercial driver’s license as of the day your offense is commissioned. There are several other factors that could determine your eligibility for the Diversion program – factors that a skilled Portland DUI law firm can help you with. Call Portland DUI Guy at (503) 212-0081 to learn how we can help you fight your DUI charge!
- DUII Diversion Overview
- How Long Does A DUII Diversion Program Last?
- Can I Go Out of State if I am Enrolled in the Driving Under the Influence of Intoxicants Diversion Program?
- IID or Ignition Interlock Device
- Can You Help Me If the DA’s Office Doesn’t Recommend the Driving Under the Influence of Intoxicants Diversion Program?
- Can My Driving Under the Influence Conviction be Expunged if I Have Completed the Diversion Program?
- Get in touch with the Oregon DUII attorneys at Trilogy Law Group.
DUII Diversion Overview
To enter the program, you must qualify for a DUII diversion. In essence, a Diversion is an official agreement that one enters into with a court. If you have entered a plea of no contest or accept that you are at fault at the time of a Diversion hearing and fulfill everything the court requires of you within one year, your charge for driving under the influence of intoxicants will be dismissed.
As part of your Diversion agreement, the court will require that you get a substance abuse evaluation and that you undergo every treatment the assessment requires you to do. Furthermore, you’ll be required to pay court fees, go before a victim’s impact panel, install an ignition interlock device on vehicles you plan on operating during your Diversion period, and agree not to use any alcohol or drugs (except for prescribed medications.)
Ignition Interlock Devices are devices installed in a vehicle that you drive. To start your vehicle’s engine, you have to blow into the device – the engine will only start if the level of alcohol in your system is below a specified limit.
How Long Does A DUII Diversion Program Last?
The amount of time you will spend in a Diversion program is determined by several factors, including the county evaluator’s initial assessment, the program you pick to participate in, how frequently you attend classes, and how successful you are in completing the obligations set before you.
Most treatment programs run for between twelve to eighteen weeks with a minimum clean and sober period of 90-days verified by urine tests. It is worth noting that state requirements are calculated in hours spent in class. As such, if you attend classes for only one hour each week, it’ll take you much longer to complete classes than if you attend classes for four hours each week.
Can I Go Out of State if I am Enrolled in the Driving Under the Influence of Intoxicants Diversion Program?
If you’re only facing a DUI charge in Portland, Oregon, and have enrolled yourself in the DUII Diversion Program, you are legally allowed to travel outside the state. However, there are several things that you should, first of all, verify with your Portland DUI lawyer before doing so. While you’re legally free to travel, always make sure that your treatment provider approves your plans to travel out of state, so you do not have unexcused and unexplained absences from treatment. Also, be mindful of all the other Diversion requirements that you are required to abide by.
IID or Ignition Interlock Device
If you’ve ordered to have an IID installed in your vehicle(s), please feel free to get in touch with Trilogy Law for a list of IID vendors that offer these services. You might be asking yourself one question – “Can my spouse or other family members drive my car if it has an ignition interlock device installed?” The answer is yes; they can. Well, unless a court order says otherwise. DUI laws in Oregon currently allow anyone to operate a vehicle that you have an IID installed into. Nevertheless, anyone intending to operate the car will have to blow into the device in the same way you do to start the vehicle.
However, be very cautious as some ignition interlock device companies automatically report IID failures to the DUI evaluator’s office or court. As such, if someone with alcohol in their breath tries to start your vehicle, you might end up having to present yourself before a court and defend yourself.
Can You Help Me If the DA’s Office Doesn’t Recommend the Driving Under the Influence of Intoxicants Diversion Program?
The Office of the District Attorney (DA) can deny a Diversion entry for a variety of reasons – it could be because they think your criminal history disqualifies you from applying for the Diversion Program, or because you had kids in your car during your DUI arrest. However, just because the DA’s Office objects your Diversion entry, that doesn’t mean that you can’t enter diversion. An attorney can help you challenge the District Attorney’s decision, if appropriate, and set a hearing before a judge so he or she can decide if you should enroll in the Diversion program. If the state objects your Diversion entry, have an attorney analyze this objection and help you determine if you should go ahead and fight this objection. While the DA’s Office can object your Diversion program entry, it’s the judge presiding over your case that makes the final decision.
Can My Driving Under the Influence Conviction be Expunged if I Have Completed the Diversion Program?
Sadly, the answer is no! Even if you complete your Diversion program and avoid a criminal conviction, the record of your participation in the program and your arrest remains. Oregon law doesn’t allow persons who’ve successfully completed DUII diversions to expunge their record of the driving under the influence of intoxicants charge. (Expungement means to clear all of the records of an arrest and subsequent court processes.) However, if you successfully completion of the program means you were never convicted of any criminal offense if someone were to ask you the question sometime in the future.
Get in touch with the Oregon DUII attorneys at Trilogy Law Group.
If you have been arrested for driving under the influence of intoxicants in Portland, reach out to Trilogy Law Firm for an Obligation-Free Consultation.