Diversion is an alternative to pleading guilty/no contest or taking your case to trial when you are charged with DUII.
As the name suggests, diversion permits a defendant’s case to be “diverted” from the criminal justice system to treatment. Successfully completing diversion allows you to avoid conviction for DUII, and the associated penalties for a first offender. You must apply for a diversion within 30 days of your first court appearance, so it’s a good idea to talk to a McMinnville DUII attorney as soon as possible after your arrest.
You may qualify for diversion if you meet all of the qualifying conditions:
- On the date your charge is filed, you did not have any DUII charges filed in Oregon or in any other state.
- You have not been convicted of DUII within the period beginning 15 years before the date of the commission of the present offense and ending on the date you file the petition for a DUII diversion agreement.
- You have not been convicted of felony DUII in Oregon.
- You were not participating in an alcohol diversion or similar rehabilitation program in this state or another on the date you filed your diversion petition.
- You have no charge of aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault involving the use of a motor vehicle pending in Oregon or any other state on the date you filed your diversion petition.
- You have not been convicted of any of the above named offenses within the previous 15 years from the date you filed your diversion petition.
- You did not hold a commercial driver’s license at the time you committed the offense.
- You were not driving a commercial vehicle at the time you committed the offense.
- You did not injure anyone (other than yourself) when you committed the offense.
If you qualify for diversion, and the judge does not find good cause to deny your petition, you will be ordered to undergo a drug or alcohol evaluation and complete whatever treatment is recommended by the evaluator. You will also be ordered to attend a victim’s impact panel, abstain from alcohol for one year, install an ignition interlock device in any vehicle you drive, and pay all fees and assessments owed to the court, your evaluator, and treatment provider. These conditions of diversion must be completed within one year period of your entry into diversion.
If you cannot complete your diversion within one year, you may ask for an extension within 30 days prior to the end of the diversion period. You may ask for a maximum of 180 days. If you fail to complete all of the terms of your probation within the time required, your probation will be revoked, a conviction for DUII entered, and you will be sentenced.
Even if you don’t plan on going to trial over your DUII charge, a McMinnville criminal defense attorney can help by guiding you through the application process and responding to objections to entry by the District Attorney. An attorney can also negotiate dismissal of other offenses charged with the DUII.