The Oregon DUII Diversion Program Guide: Rules & Requirements
Oregon’s DUII diversion program is a state-created option designed to help first-time offenders avoid a conviction. This program was established to provide individuals with the chance to address substance use issues and make positive changes while avoiding harsher penalties.
What is the Oregon DUII Diversion Program?
Oregon’s DUII diversion program gives people facing their first Driving Under the Influence of Intoxicants (DUII) charge a chance to circumvent a conviction. Instead of going through the usual court process, eligible participants can complete the program and have the charge dismissed. It’s designed to help people take responsibility and address any underlying issues with substance use in a constructive way.
The program strikes a balance between accountability and a second chance. Participants must acknowledge the seriousness of driving under the influence but get access to education and support to make better choices moving forward. By focusing on prevention and change, the program helps lower the chances of repeat offenses, benefiting both individuals and the community.
What makes Oregon’s DUII diversion program stand out is its focus on rehabilitation over punishment. Participants go through treatment and monitoring to better understand the dangers of impaired driving. It’s not just about helping first-time offenders; it’s also about creating safer roads and encouraging long-term positive changes.
How Long Does a DUI Stay on Your Record in Oregon?
In Oregon, a DUI conviction stays on your driving record for life. Unlike other offenses, DUI convictions can’t be expunged or removed. This means it will always appear on your record, even decades after the incident. The state takes DUI offenses seriously, which is why they remain permanently documented.
However, the impact of a DUI on your driving privileges and insurance rates lessens over time. For example, most insurance companies look back three to five years for rate adjustments. Still, the fact that a DUI exists on your record can influence decisions like future employment or obtaining professional licenses.
Oregon DUII Diversion Program Requirements
There are several strict requirements when it comes to successfully completing diversion. It’s often compared to bench probation due to its structured approach. Here’s what participants are generally required to do:
● Pay a court fee: Participants must cover costs associated with the program as part of their commitment.
● Attend a drug and alcohol evaluation: This helps determine the appropriate level of treatment needed.
● Complete a drug and alcohol treatment program: Treatment tailored to individual needs must be completed during the program.
● Attend a Victim Impact Panel class: This class provides insight into the consequences of impaired driving.
● Refrain from consuming alcohol during the program: A 2011 change to the program prohibits any alcohol consumption throughout the 12-month diversion term, even when not driving.
● Install an ignition interlock device (IID): Since 2012, participants must install an IID in their vehicle for the duration of the program.
DUII Diversion Program Rules
Oregon’s DUII diversion program includes rules that go beyond the basic requirements. Participants can’t consume alcohol or use illegal drugs during the program, even if they’re not driving. Courts may also require regular check-ins or proof of compliance with the program's terms.
How Long is the Oregon DUII Diversion Program?
The Oregon DUII diversion program typically lasts 12 months from the date it begins. During this time, participants must meet all the program requirements listed above. The one-year timeframe provides enough time for participants to work through the program while demonstrating their commitment to staying sober and making positive changes.
What’s On Your Record If You Complete the Program?
Completing Oregon’s DUII diversion program doesn’t result in your DUI being expunged. While the program allows for the dismissal of the charge upon successful completion, the fact that you participated in the diversion program remains on your record. This means that while the DUI itself won’t appear as a conviction, the record of your diversion participation can still be seen in certain legal and administrative contexts. Unfortunately, Oregon law doesn’t allow for DUI convictions or dismissals related to diversion programs to be expunged, so this information remains accessible indefinitely.
Do you have to go to jail as part of the DUII Diversion Program?
No, jail time is not part of Oregon’s DUII diversion program. The program is an alternative to traditional sentencing for eligible participants. It allows individuals to avoid penalties like jail time by meeting specific requirements during the 12-month period.
However, completing the program successfully is essential to avoid further consequences. If participants fail to meet the program’s conditions or break its rules, their diversion agreement may be terminated. When this happens, the original DUII charge is reinstated, and penalties, including jail time, could apply. The program offers a chance to avoid those outcomes by focusing on accountability and rehabilitation.
Is Probation Part of the program?
Probation is not officially part of Oregon’s DUII diversion program, but the program operates in a similar way to probation. Participants must follow the rules, such as abstaining from alcohol and drugs, completing treatment, and attending required classes. Courts may also require regular check-ins or proof of compliance, which mirrors the structure of probation. While it’s not labeled as probation, failing to follow the program’s terms can have similar consequences, such as reinstatement of the original DUII charges and potential penalties.
Is Treatment Required?
Yes, treatment is required as part of the program. As mentioned earlier, participants must attend and complete a drug and alcohol treatment program during the 12-month period. The treatment begins with a drug and alcohol evaluation, which determines the level of care needed. Some participants may only need educational classes that focus on understanding how alcohol and drugs affect judgment and decision-making. Others may require more intensive options, such as outpatient therapy or regular group counseling sessions. These sessions often explore triggers, coping strategies, and ways to prevent future impaired driving.
All treatment must be completed through a provider approved by the court to meet program requirements. Missing sessions or failing to finish treatment can result in being removed from the program.
Is an interlock device required?
An ignition interlock device (IID) is required as part of Oregon’s DUII diversion program. This device is installed in your vehicle and prevents it from starting unless you provide a breath sample that registers below a preset alcohol limit. The purpose of an IID is to ensure participants stay sober while driving and reduce the risk of repeat offenses during the program.
The device works by having you blow into a handheld unit connected to your car’s ignition system. If the device detects alcohol above the allowed limit, the vehicle won’t start. In addition to the initial test, the IID may require rolling retests while you’re driving to check on ongoing sobriety. Failing a test or attempting to tamper with the device is reported to the court and could result in removal from the program.
Participants are responsible for the costs of installing, maintaining, and removing the IID. This typically includes a monthly rental fee, along with any calibration or service charges. The device must be installed by a state-approved provider, and regular servicing is required to keep it operational. While the IID can feel inconvenient, it’s an important tool for maintaining accountability and meeting the program’s requirements.
How Much Does the Oregon DUII Diversion Program Cost?
Participating in Oregon's DUII diversion program involves several fees, which can vary based on individual circumstances and service providers. Here's a breakdown of the typical costs:
● Diversion Filing Fee: A standard fee of $490 is required to enter the program.
● Alcohol and Drug Assessment Fee: Participants must undergo an assessment, typically costing $150.
● Treatment Program Costs: If treatment is recommended, costs vary depending on the provider and the level of care needed. These expenses are paid directly to the treatment facility.
● Victim Impact Panel Fee: Attending this panel usually incurs a fee of around $50.
● Ignition Interlock Device (IID) Costs: If required, installing and maintaining an IID can cost between $70 to $150 for installation and $60 to $80 per month for monitoring.
● Court-Appointed Attorney Fees: If you utilize a court-appointed attorney, you may end up being responsible for associated fees, which vary based on the case.
● Restitution: If there were damages or injuries resulting from the incident, the court might order restitution. These amounts will vary greatly depending on the case.
Keep in mind that some courts may offer payment plans or fee waivers for individuals who demonstrate financial hardship. Discussing these options with the court or your attorney can provide guidance tailored to your situation.
Leaving the Country During the DUII Diversion Program
Leaving the country when you’re enrolled in Oregon’s DUII diversion program isn’t outright prohibited, but it can be challenging due to program requirements. Participants are typically required to attend scheduled classes, treatment sessions, and check-ins, which often make international travel impractical. Missing these obligations could result in noncompliance, jeopardizing your participation in the program.
Additionally, participants may need court permission before traveling internationally. Courts are unlikely to approve requests if travel interferes with fulfilling program obligations. If you’re considering leaving the country, we recommend you communicate with your attorney and the court to understand the specific restrictions and ensure compliance. Another potential issue is meeting requirements for an ignition interlock device (IID) if you plan to drive abroad. Most foreign countries don’t accommodate IID usage, which could complicate your ability to fulfill the program’s terms.
Moving to Another State During the DUII Diversion Program
Moving to another state while enrolled in Oregon’s DUII diversion program is possible but requires careful planning and court approval. Because the program requires in-state treatment, evaluations, and attendance at classes like the Victim Impact Panel, relocation can be difficult to coordinate. You may need to arrange for equivalent programs in your new state and have them approved by the Oregon court handling your case. Participants must also make sure they can maintain compliance with the program’s rules, such as attending any required court check-ins remotely.
Failing to transfer obligations properly or missing deadlines could result in program termination, reinstating your DUII charge, and related penalties. One significant challenge is managing the ignition interlock device requirement, as this obligation typically applies within Oregon. Moving to a state with different regulations could complicate compliance. Before relocating, you’ll want to work closely with your attorney and the court to navigate the process and avoid jeopardizing your participation in the program.
What Happens If You Fail Oregon’s DUII Diversion Program?
Failing Oregon’s DUII diversion program has some pretty serious consequences. If you don’t complete the program requirements within the 12-month period, the court will terminate your diversion agreement. This means your original DUII charge will be reinstated, and you’ll face the penalties associated with a DUII conviction.
A DUII conviction in Oregon generally includes steep fines, mandatory jail time, license suspension, and the requirement to install an ignition interlock device. The severity of these penalties depends on the circumstances of your case, such as your blood alcohol content (BAC) at the time of the arrest and whether it’s your first offense.
Additionally, failing the program may impact your ability to qualify for future diversion programs. The court views noncompliance as a lack of commitment to rehabilitation, which could make it harder to seek leniency in the future. If you’re struggling to meet program requirements, reaching out to your attorney or the court for guidance is the best way to avoid failing the program.
The Oregon DUII Diversion Program Guide Conclusion
Navigating Oregon’s DUII diversion program can feel overwhelming, but it’s a valuable opportunity to avoid a conviction and make positive changes. Understanding the requirements, costs, and rules is essential to successfully completing the program and moving forward. If you’re facing a DUI charge or have questions about Oregon’s DUII diversion program, turn to our team at Kollie Law.
With years of experience helping clients through this process, we know how to guide you every step of the way. Whether it’s understanding the program or defending your rights, our team is here to provide support and expertise. Let us help you find the best path forward and work toward the best possible outcome for your case.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
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