How to Complete Oregon DUI First Offense Diversion: A Step-by-Step Guide

Been charged with your first DUI in Oregon? You might be surprised to learn that the court could dismiss your charges completely through the Oregon DUII diversion program.

Oregon's DUII diversion program gives first-time offenders a chance to avoid conviction. You'll need to meet certain Oregon DUII diversion requirements over 12 months. The program costs about $490 in court fees and requires mandatory treatment programs. You must also maintain complete abstinence from alcohol for a year.

The diversion program rules are strict. You'll need to install an Ignition Interlock Device (IID) in your car and attend treatment sessions that last up to 18 weeks. Perfect compliance throughout the diversion period is essential. These requirements might seem tough, but completing the DUII diversion program means keeping your record free of convictions. The arrest will still show up on your record though.

Want to know what it takes to complete the Oregon DUII Diversion Program? Let's walk through each step together.

Understanding Oregon DUI Diversion Program Basics

The Oregon DUII diversion program works as a court-supervised diversion agreement that helps first-time offenders avoid conviction through rehabilitation instead of punishment. The program runs for 12 months and participants need to meet specific requirements under court supervision.

What is First Offense Diversion

This program gives you an alternative to regular court proceedings if you have your first DUII (Driving Under the Influence of Intoxicants) charge. You'll enter a diversion agreement with the court and commit to completing several mandatory requirements. The focus is on rehabilitation by helping people maintain abstinence from alcohol and learn about substance abuse.

Key DUII Diversion Eligibility Requirements

You need to meet these basic criteria to qualify for the Oregon DUII diversion program:

• No DUII convictions or felony charges in the last 15 years
• No participation in any diversion program in the last 15 years
• No commercial driver license (CDL) when the offense happened
• No injuries, deaths, or vehicular homicide resulted from the DUII
• You must file your petition within 30 days of first court appearance

You'll need to enter a guilty or no-contest plea as part of the plea agreement before starting the program. The court also needs your updated contact information throughout the diversion period.

Benefits of Choosing DUI Diversion

The DUII diversion program comes with several advantages compared to regular prosecution. Your case gets dismissed upon diversion completion, and you won't face:

• Criminal conviction on your record
• Mandatory jail time
• Oregon DUII license suspension
• Community service requirements

The diversion costs include a $490 entry fee, $150 for substance evaluation, and about $50 - $75 for victim impact panel attendance. All the same, these costs are nowhere near the potential fines and legal fees you'd pay with a conviction.

Entering the Diversion Program

The Oregon DUI first offense diversion process needs careful attention to deadlines and proper documentation. Your chances of acceptance into the program improve when you follow these steps correctly.

Filing the Diversion Petition

You must file a petition for diversion within 30 days of your first court appearance. The petition form asks for simple personal information and your acknowledgment of program requirements. You'll need to:

• Complete the diversion petition form
• Pay the filing fee
• Submit a written plea agreement of guilty or no contest
• Provide proof of valid driver's license
• Show evidence of current Oregon residency

Initial Court Appearance Steps

Going to court is extremely stressful, but you can make sure your court hearing goes smoothly by doing the following:

• Arrive at least 15 minutes early to your scheduled hearing
• Check in with the court clerk
• Present your completed petition and supporting documents
• Listen carefully to the judge's explanation of diversion program rules
• Sign the diversion agreement if approved
• Schedule your substance abuse evaluation appointment
• Get information about approved treatment providers
• Complete booking and fingerprinting procedures

Required Documentation

The court needs several documents to process your diversion application. Make sure you have these items ready:

• Valid government-issued photo ID
• Proof of current insurance coverage
• DMV driving record
• Income verification for payment plan consideration
• Completed substance abuse screening questionnaire
• Police report from the arrest
• Breath test or blood alcohol content test results

After you submit your documentation, the court reviews your eligibility. This process may take 2-3 business days. Make sure to keep copies of all submitted documents for your records.

The court clerk will give you a schedule of required appearances and deadlines. While legal representation remains optional for the DUII diversion program, your attorney can guide you through each step.

Keep all payment receipts in a safe place. These documents become valuable if questions come up about your compliance during the diversion period.

Meeting Core Program Requirements

Your successful completion of Oregon's DUII diversion program needs careful attention to several program components. Each part is a vital step toward completing the program.

Alcohol Evaluation Process

The program starts with a mandatory Alcohol & Drug Evaluation Specialist (ADES) or Alcohol & Other Drug Screening Specialist (ADSS) evaluation that costs $150. They use a written questionnaire and oral interview to determine your appropriate treatment path. The ADES/ADSS specialist learns about your substance use patterns and suggests either education or rehabilitation services based on their findings.

Treatment Program Options

Your evaluation results will place you in one of two treatment categories:

• DUII Education: First-time offenders without substance use disorders need 12 hours of education across 4 sessions over 4 weeks
• DUII Rehabilitation: People who meet substance use disorder criteria need education plus additional treatment services

Both paths require you to maintain abstinence from alcohol for at least 90 days, which is verified through urine tests. Treatment programs usually last between 12 and 18 weeks.

Installing an Ignition Interlock Device

The ignition interlock device (IID) helps monitor your compliance. You must install it if:

• Your blood alcohol content was 0.08% or above
• You refused the breath test
• Your BAC was between 0.01% and 0.07% with presence of a controlled substance

The device needs monthly maintenance and costs about $75 per month. The IID takes photos in three situations: when it asks for a breath sample, when you give a sample, and when it records violations. Your car won't start if the device detects alcohol above the allowed limit.

Victim Impact Panel Attendance

You must also attend a victim impact panel session. These panels happen monthly, usually on the last Wednesday at 6 PM. The session shows you how impaired driving affects lives through real-life stories.

Perfect compliance throughout the diversion period is essential. The court keeps track of your progress through regular updates. Any violations could lead to diversion termination. Your success depends on following each requirement exactly and maintaining abstinence from alcohol during the program.

Managing Program Costs

You need to understand the Oregon DUII diversion program's financial obligations to complete it successfully. A clear breakdown of diversion costs will help you budget throughout the program year.

Court Fee Breakdown

The base court filing fee costs $490. This money covers administrative costs and program oversight. You must also plan for these mandatory expenses:

• Drug and alcohol assessment fee of $150
• Victim Impact Panel participation fee of about $50
• Court-appointed attorney fees, if applicable

Treatment Expenses

Your assessment results determine the treatment costs you'll need to pay. The evaluation shows whether you need education or detailed treatment, which affects your total expenses.

Your drug and alcohol treatment program costs depend on:

• Treatment provider selection
• Length of required treatment
• Insurance coverage status
• Treatment intensity level

The Ignition Interlock Device (IID) adds another big expense. You'll pay $70 to $150 for installation and $60 to $80 monthly for monitoring. Most people spend between $720 to $1,200 on IID expenses during their diversion period.

Payment Plan Options

The Oregon Department of Transportation helps people who struggle with diversion costs through several payment solutions:

• Fee waivers for low-income participants
• Deferred payment arrangements
• Monthly installment plans

The court looks at your financial situation to set up payment arrangements. You might qualify for:

• Partial fee waivers
• Extended payment timelines
• Reduced monthly payments

Treatment providers usually offer their own payment plans. Your health insurance might cover some treatment costs too.

Remember, you won't get kicked out of the program just because you can't pay, as long as you follow all other requirements. The court system wants to keep the program accessible through flexible payment options while making sure everyone stays accountable.

Staying Compliant Throughout the Year

Perfect compliance throughout the Oregon DUII diversion program needs your steadfast dedication to sobriety and regular progress checks.

Sobriety Requirements

You must maintain complete abstinence from alcohol and non-prescribed drugs during the 12-month diversion period. This zero-tolerance policy applies whether you plan to drive or not.

There are three specific exceptions to the alcohol prohibition:

• Sacramental wine during religious services
• Prescribed medications taken as directed
• Non-prescription drugs containing alcohol when used according to label instructions

Your commitment to abstinence from alcohol goes beyond avoiding intoxicants. You need to report truthfully about substance use during assessments and treatment sessions. Drug testing happens regularly throughout the program and usually ends with a urine test after 90 days of sobriety.

Progress Reporting

Your advancement gets monitored actively through several checkpoints by the court. Treatment sessions attendance is mandatory, along with consistent drug and alcohol testing.

Good standing in the program requires you to:

• Keep current contact information on file with the court
• Complete all required treatment sessions
• Submit to random urine tests and breath tests
• Maintain proper IID documentation
• Meet payment obligations

The Ignition Interlock Device is a vital progress monitoring tool that captures photographic evidence in three key situations:

• When requesting breath samples
• During sample submission
• Upon recording violations

Dealing with Violations

Violations can lead to serious consequences, including diversion termination. A single violation might not kick you out immediately. Multiple infractions typically lead to a show-cause hearing where you explain why you should stay in the program.

The court can terminate your diversion agreement for several reasons:

• Failing to appear at scheduled court dates
• Breaking diversion program rules or requirements
• Missing treatment sessions
• Testing positive for alcohol or controlled substances
• Providing false information

After detecting violations, the court might:

• Order you to restart or retake treatment programs
• Extend the monitoring period
• Remove early IID removal privileges
• Schedule compliance hearings

You end up facing reinstatement of your original DUII charge if terminated from the program, which could mean jail time. Filing a motion within the final 30 days of your scheduled diversion period is necessary to request a diversion extension. The court approves extensions only when participants show genuine effort toward completion and can realistically fulfill remaining requirements.

Participants with prior DUII convictions might face travel restrictions under the Interstate Compact for Adult Offender Supervision rules without explicit permission. This ensures proper monitoring throughout your diversion period.

Conclusion

You can clear your record by completing Oregon's DUII diversion program. The program takes dedication, but the results are worth your effort. Requirements like mandatory treatment programs, IID installation, and victim impact panel attendance might seem daunting at first, but each step brings you closer to getting your case dismissed.

Payment plans help you meet financial obligations. Perfect sobriety and proper progress updates are crucial during your 12-month diversion period. Keep in mind that any violation could lead to diversion termination and reinstate your original DUII charges.

These requirements might look complicated. You can schedule a free consultation to learn about your options and boost your chances of diversion completion. This program gives you a second chance to avoid conviction and learn valuable lessons about substance use and safe driving.

Your case dismissal and fresh start depend on following diversion program rules carefully. Make sure you document everything properly and complete all requirements on time.

FAQs

Q: What is the cost of the Oregon DUII diversion program? The diversion program costs include a $490 diversion fee, $150 for alcohol assessment, about $50 for victim impact panel, and additional fees for weekly classes. Treatment and ignition interlock device expenses may also apply. Payment plans are available for those facing financial difficulties.

Q: How long is Oregon diversion program? The DUII diversion program typically lasts for 12 months. During this diversion period, participants must maintain complete abstinence from alcohol and fulfill various requirements, including treatment sessions, ignition interlock device installation, and regular progress reporting.

Q: What are the main DUII diversion eligibility requirements for the Oregon DUII diversion program? Key eligibility criteria include no prior DUII convictions or felony charges within the past 15 years, no participation in a diversion program in the last 15 years, no current commercial driver license, and no injuries, deaths, or vehicular homicide resulting from the DUII incident.

Q: What happens if I violate the terms of the diversion agreement? Violations can lead to consequences ranging from restarting treatment programs to diversion termination. Multiple infractions typically result in a show-cause hearing. If terminated from the program, your original DUII charge is reinstated, potentially leading to jail time and other penalties.

Q: What are the benefits of completing the Oregon DUII diversion program? Successful diversion completion leads to case dismissal, allowing you to avoid a criminal conviction on your record, mandatory jail time, Oregon DUII diversion license suspension, and community service requirements. It offers a chance for rehabilitation and education about substance use and safe driving practices.