Enrollment in the distraction program does not limit the participant to living solely in Oregon. However, there may be conditions of release from court or conditional sentences for other charges that could restrict travel outside the country. In addition, you should carefully consider long-term extended trips abroad, which could interfere with compliance with other aspects of diversion. Enemy example, drug and alcohol assessment requirements, VIP attendance, completion of drug and alcohol treatment, etc. ADES/ADSS performs the same function whether you are on diversion or on probation after a conviction for impaired driving. The court or your lawyer will provide you with your ADES/ADSS contact information as soon as you enter the diversion. Learn more about what ADES/ADSS does here. (j) An agreement by the defendant to pay restitution, if ordered by the court under article 137.108 of the RC. As mentioned above, admission to the diversion program does not limit the participant to living solely in Oregon. Also, you don`t have to be an Oregon resident to use the diversion program. However, drug and alcohol treatment required by diversion must comply with Oregon law.
For example, a participant in the Oregon Dr. Diversion Program who completes drug and alcohol treatment in Florida must still ensure that treatment in Florida complies with Oregon rules and regulations for treatment providers. Because many states have drug and alcohol treatment programs that comply with their own laws (rather than Oregon`s), this is an area that can be complicated. Check with your attorney before enrolling in an out-of-state drug and alcohol treatment program. It depends on the county, as some counties handle marijuana/cannabis use differently than others. Before you begin the diversion program, check with your lawyer if marijuana/cannabis use is important to you or if it is a medical/health requirement for you. For more information, visit our page on DUII diversion and marijuana. By law, the diversion program in Oregon lasts exactly one year. ORS 813.230(3). In rare cases, individuals may need a six-month extension to meet program requirements. • Install an ignition lock on each vehicle you drive during the one-year diversion period (unless you qualify for an employer-owned vehicle exemption or due to a medical condition).
This period may be reduced to a maximum of six months under certain conditions. The Crown is appealing my entry for diversion DUII. Does this mean I have to abandon the redirect? First and foremost, a year of sobriety and drug and alcohol classes. The diversion program usually lasts 12 months and is very similar to a conditional sentence. During the 12-month period, you must pay court fees, attend a drug or alcohol test, complete a Victim Impact Expert Panel course, and attend a drug and alcohol treatment program. In 2011, Oregon`s DUII diversion program was amended to prohibit all alcohol consumption during the period of diversion, whether you drive or not. In 2012, Oregon`s DUII redirection program was modified to require the installation of an ignition interlock device (IID) during the redirection period. An IID must be installed in every vehicle you drive year-round. If you have completed all that is required of you, the DUI case will be rejected and cannot be resubmitted.
To commit a hijacking, a person charged with impaired driving must swear under oath that all of the following conditions are met: Do I need to install an ignition lock in my car if I have entered the detour? (6) you have not been convicted of homicide or assault while driving a vehicle during the period beginning 15 years before the date of commission of the offence in question and ending on the date of your application for a diversion agreement for impaired driving; No. The DUII diversion program is subject to revised Oregon regulations, so the requirements are the same whether you are in Portland, Beaverton, Hillsboro, Gresham, Oregon City, McMinnville, St. Helens, Astoria, or Lake Oswego. However, individual counties use their own assessors (ADES/ADSS). Treatment providers follow Oregon State guidelines. 2. By way of derogation from ORS 135.881 to 135.901, a person charged with driving under the influence of narcotics shall not participate in a supervised program of execution or diversion, except as provided for in ORS 813.200. [1983 c.338 §382; 1999 c.1051 §294] What happens if I don`t complete the redirecting program? You`re probably eligible for a DUII redirect if you can meet all of the criteria listed below: Yes. A redirect will appear in your Oregon Driving (DMV) record as a DUII redirect (not a conviction). The entry occurs as soon as you enter the redirect.
Oregon does not use a point system, so points are not evaluated. In Oregon, drunk driving redirects and drunk driving convictions cannot be removed, sealed, or otherwise removed from your “record.” “The impaired driving diversion program may be an option for individuals who have no history of impaired driving or who have not been arrested for impaired driving in the past 15 years. If you successfully complete the program, your drunk driving charge will be dismissed without conviction or jail time. Am I eligible for the DUII diversion program in Oregon? (i) an agreement by the defendant to pay the court-appointed lawyer`s fees; and (d) subject to the provisions of paragraph (5) of this article, the agreement of the defendant not to use intoxicants during the period of diversion and to comply fully with the laws of that State to deter the use of narcotic drugs; The DUII hijacking essentially stays on your Oregon driving record forever. “You can learn more about my background as a diversion lawyer in Portland by visiting my website or calling my office for a free consultation. If you ask me to represent you in your diversion, I will be your lawyer and your point of contact. Some companies pass you like you`re a Doobie in Woodstock. I do not use associate lawyers, paralegals, paralegals or case managers.
I personally answer your calls and emails; I meet you. I am appearing with you in court. Call me today at 503.546.2928 for expert representation on diversion and other traffic offenses such as reckless driving and hit-and-run. If you enter the diversion program with your DUII load, you are NOT on probation for the DUII. Diversion is like probation because you have obligations that you have to fulfill or face negative consequences from the court. However, since diversion does not lead to a conviction for IID, you will not be placed on probation. If you do not meet the probation requirements or are convicted of a new crime, the court will send you a show cause order. This requires you to go to court and “provide reasons” why your diversion should not be revoked. Will I be in treatment for one year once I join the diversion program? A negative report may lead the court to exempt you from diversion for violating your duty of abstinence.
Often, a single violation does not result in dismissal; However, two or more violations usually result in a hearing where you must explain why you should not be excluded from diversion. At the very least, you cannot remove IID prematurely. See ORS 813.645. If you are allowed to remain in the diversion program, the court may order you to resume or resume treatment. ORS 813,640. Prosecutors may oppose your diversion entry for many different reasons — perhaps they think your criminal history prevents your hijacking, or perhaps you had children in the car when you were arrested for drunk driving. Just because the prosecutor`s office opposes your diversion entry doesn`t mean you can`t necessarily get into diversion. A lawyer can help you make the right appeals to the district attorney`s objection, if necessary, and schedule a hearing before a judge so the judge can decide if you should enter diversion. If the state objects to your diversion entry, it is important that you have this objection analyzed by a lawyer and help you decide whether you should contest this objection. While the prosecutor`s office may object to your diversion entry, it is a judge who can make the final decision. (b) Consent of the defendant to conduct a screening interview with an authority or organization designated by the city or state court to determine the possible presence and degree of an alcohol or drug abuse problem; You may be eligible for the diversion program for your drunk driving expenses. Redirection is only available for your drunk driving expenses and not for any other charges you may face.
The following is a complete description of diversion eligibility, but note that specific details about your case and criminal history, if any, may affect your diversion eligibility. To be eligible for diversion, you must not have been convicted of an impaired driving offence in the past 15 years on the day you apply for the diversion program.