Back in March, I wrote about the qualifications for the DUI diversion program in Oregon. In order to qualify for diversion, you must meet a number of criteria, including having not participated in a similar program within 15 years of the present offense. Diversion helps an individual have their DUI charges dismissed, with no resulting conviction. If you fail diversion, you automatically don’t qualify to retake it within 15 years. So the question arises, “What happens if you fail the DUI diversion program in Oregon?”
What is DUI Diversion?
DUI diversion is an attractive option for many people that want to avoid going to trial and the potential consequences of a conviction. If you meet the qualifications of the program and complete it successfully you have the opportunity to have your DUII charges dismissed. Diversion typically lasts for one year and includes drug and alcohol treatment, fees, the installment of a vehicle ignition interlock device and victim impact panels.
In order to qualify for diversion you must meet a strict set of criteria. It’s best to consult with a reputable DUI attorney to find out if diversion is the best option for your specific circumstances.
What is Required During Diversion?
Upon entering into the DUII diversion program in Oregon, you must sign and agreement with the court that says your charges will be dismissed if you complete everything required within the set time frame (typically one year). You will have to undergo an evaluation to determine what type of treatment you require. Diversion also includes:
- Drug or alcohol treatment in a classroom setting
- Attendance at a victims’ impact treatment session
- Abstaining from alcohol and drug consumption through the entire program
- Installation of an ignition interlock device on any and all vehicles you drive, even if your license is suspended
- Pay for assessments, fees and other costs
Before entering diversion, you will plead either “not guilty” or “no contest.” If you violate the agreement, this impacts the outcome of your case.
What Happens If You Fail DUII Diversion?
Diversion termination and sentencing typically occurs at a “show cause” hearing. If you fail diversion, you will be convicted of the DUII charges and sentenced without a trial. Failing diversion results in orders to complete all of your diversion obligations again and you will be sentenced to 48 hours in jail or 80 hours of community service. Additionally, you will face a minimum of $1,000 in additional fines and you license will be suspended for at least one year.
It’s important to take the obligations of diversion seriously in order to complete the program and avoid conviction. If you complete diversion successfully, your charges will be dismissed and you won’t face the additional penalties that come with failure.
What If the District Attorney Objects to Diversion?
In some circumstances the district attorney may object to diversion. What happens next depends on the basis for objection. Even if the DA objects, it’s possible to have a “contested diversion hearing.” In this hearing, the DA makes their case to the judge and your attorney makes yours. The judge then decides if you will be able to enter a DUI diversion program in Oregon.
Hire a DUI Attorney in Central Oregon
Hiring a DUI attorney helps ensure everything runs smoothly and they can help you determine the best course of action depending on your specific situation. If you do qualify for diversion, a DUI attorney has connections with various agencies they can refer you to, making the process less painful and easier to navigate than doing so on your own.
Ricky R. Nelson is an experienced and passionate DUI attorney serving all of Central Oregon. Contact Nelson Law for a free consultation and more information about the DUI diversion program in Oregon.