If this is your first time being charged with DUI, Oregon’s DUI Diversion program might be an option. In Oregon, a person who has not been convicted of a DUI or participated in a Diversion type program within the past 15 years may be eligible to petition the court to enter the DUI Diversion program. To enter the Diversion program, you must enter a plea of Guilty or No Contest and agree to participate in an alcohol evaluation and alcohol treatment. There are court fees and costs. Diversion is not available if you’ve participated in court ordered alcohol or drug treatment within the past 15 years, if the DUI involved an accident that resulted in physical injury to another person, or if you have a CDL (Commercial Drivers License). There are also many discretionary factors a judge may consider to deny entry into Diversion.
Because Diversion requires that you give up your Constitutional right to go to trial, it is critical that you have an experienced Oregon attorney review the police reports in your case, discuss all of your options with you, and help you make an informed decision prior to entering the Diversion program.
Benefits of the Diversion Program
The Diversion period lasts one year. If you fully comply with the Diversion agreement, the court will dismiss the DUI charge against you with prejudice (meaning that the charge can never be brought against you in the future). If the DUI is dismissed because you successfully completed the Diversion program, you avoid the mandatory minimum penalties associated with a DUI conviction and the collateral consequences associated with a criminal conviction on your record.
Timeline to Enter Diversion
A decision to enter into the DUI Diversion program must be made within 30 days of arraignment. It is critical that you discuss the Diversion option with an experienced attorney as soon as possible after arrest.
At Anfuso Law, P.C., we are dedicated to advising our clients about the best possible solutions when confronted with a criminal charge. To learn more about the Diversion program contact Anfuso Law, P.C. today for a FREE consultation: 503-946-3646
Anfuso Law, P.C. provides DUI defense and Portland DUI attorney services for Portland OR, Clackamas, Oregon City, Gresham, Hillsboro, and Beaverton.