DUI Diversion is an agreement between the court and the defendant that gives the participant the opportunity to get the DUI charge dismissed. Which means the participant in DUI Diversion has 12 months to get everything done. If the participant in DUI Diversion abides by the conditions of the agreement, at the end of 12 months the case will be dismissed and the participant can avoid a criminal conviction for their DUI charge. The flip side of the agreement is that if the conditions are not met and the person violates the terms of the diversion agreement, then they will be revoked from diversion, convicted, and sentenced.
This is when the jail time, probation, bigger fines, and license suspension come in to play. If there are additional charges, such as Reckless Driving or Hit and Run, then an additional resolution will have to be worked out for those charges. There will also be fees for treatment and the IID, but those vary depending on the company.
It depends on the basis for the objection. This would be where the district attorney makes their case to a judge and we would make ours. The judge would ultimately decide.
On any case where the blood alcohol content is a. If there are no violations during the first 6 months the IID is installed, then we can apply to the court to have it removed. This is an important point. It does not result in an expungement. This does not include the time spent in jail after an arrest which has already been served.
Many aspects of the diversion program seem like probation requirements, but if a driver is actually in the diversion program and not on probation for another charge or past charge, the diversion term itself is not a form of probation. That being said, many of the requirements of diversion will be very similar to probation and a violation of the diversion terms could cause a revocation of the diversion which is in some ways similar to a probation revocation.
Community service is not part of diversion. As indicated above, the diversion program is not probation. Therefore, terms of probation such as community work service are not ordered as part of the statutory diversion program. However, if a driver has another case or another charge in-which probation is ordered, there could be an order for community work service.
House arrest is not part of diversion. The diversion program is not probation. Therefore terms of probation such as house arrest are not ordered as part of the statutory diversion program.
As indicated above, the diversion program is not probation, and therefore terms of probation such as electronic monitoring are not ordered as part of the statutory diversion program. However, if you have another case or another charge in-which probation is ordered, there could be an order for community work service. Also— as indicated below— drivers in the diversion program must use an Interlock Ignition Device IID while driving and so that does require some electronic monitoring prior to driving and while driving.
In addition, the treatment provider may require blood, urine, or hair follicle tests which are a form of drug and alcohol monitoring. All drivers who go through the diversion program are required to attend either an educational class on drug and alcohol abuse or drug and alcohol treatment. The cost and length of the two programs varies between providers, and the ADES drug and alcohol evaluator will decide which of the two programs the driver is required to attend.
No district attorney or city attorney shall make any motion and no judge shall enter any order in derogation of this section. This section does not prohibit diversion as provided under ORS If you enter and successfully complete the DUII diversion program, you will avoid most of the mandatory penalties jail time, fines, and the additional year long license suspension among other things required for a DUII conviction.
Diversion is typically the choice of someone facing a first time DUII assuming no injury accident and no commercial driver license. The petition forms made available to a defendant by any city or state court shall conform to the requirements adopted by the Supreme Court. A Indicated as necessary by the screening interview; or.
B If ordered by the court under ORS You are likely eligible for DUII diversion if you can meet all of the criteria listed below:. E ntry into diversion does not affect the implied consent license suspension that may have been imposed for a breath or blood test failure or refusal. A challenge to this suspension must be done in a separate and earlier proceeding the DMV hearing discussed above.
Likewise, entry into diversion does not affect other criminal charges such as hit and run, reckless driving, or criminal mischief. Some jurisdictions, however, will dismiss violations such as speeding if you enter diversion. Contact Oregon diversion attorney David Lesh at In order to successfully complete your DUII diversion program, you must do each of the following:.
This period may be shortened to as little as six months under some conditions. There are no fines associated with diversion. However, there are a number of fees that are required for completion of the program. You can expect to pay:. The treatment fees will vary depending on which state certified treatment provider you select and the length of treatment that you are required to complete. Note that the providers' fees vary widely so check with your health insurance for possible coverage and call around.
Helens, Astoria, or Lake Oswego. Treatment providers follow State of Oregon guidelines. However, if diversion is terminated for failing to comply with the program requirements a conviction is automatic. Your driving record will reflect the diversion even after the program has been completed and the charge is dismissed. By law, the diversion program lasts exactly one year in Oregon.
On rare occasions, persons may need a six month extension to complete the program requirements. Hopefully no. Often the treatment portion of diversion is completed in 12 weeks or so. In either program you will be required to show at least 90 days of abstinence from alcohol and non-prescribed drugs. Urine tests UA's are used to ensure compliance with this abstinence requirement.
Substance abuse treatment must be with an out-patient program. Programs completed while in a "controlled environment" such as residential treatment, in-house, in-patient, or treatment obtained while incarcerated do not meet the requirements to obtain a DUII Treatment Completion Certificate. Urinalysis is still required. Almost always yes. The DUII diversion program requires the installation of an ignition interlock device during the one year diversion period under most circumstances.
Consult your attorney about applying for early termination. The copy of the motion shall be served on the district attorney or city prosecutor at the time the motion is filed with the court. The district attorney or city prosecutor may contest the motion.
In determining whether to grant the petition, the court shall consider:. A negative report can result in the court terminating you from diversion for violating your abstinence requirement. Often a single violation will not result in termination; however, two or more violations will usually result in having a hearing where you will have to show cause why you should not be terminated from diversion.
At a minimum, you will not be able to remove the IID early. If you're allowed to stay in the diversion program, the court may order you to restart or retake treatment.
0コメント