The law recognizes that people who drive under the influence aren’t fundamentally bad. Everyone makes mistakes. Oregon offers a DUII diversion program for people who qualify. Usually, this option is available for people who have no previous drunk driving convictions on their record. Once you have successfully completed the program, your DUII charge will be dismissed.
You must follow several requirements as part of your enrollment in a diversion program. You may not consume any alcohol or drugs, including marijuana, for 12 months. You will also have to submit to a drug and alcohol evaluation. Also, you will have to enroll in a treatment program. You must also install an ignition interlock device on your vehicle.
As long as you follow the requirements of the program, the court will dismiss your DUII charges upon your completion of the program.
A dismissal doesn’t make a charge entirely disappear
It’s important to know that the dismissal of a criminal charge is not a complete erasure. To qualify for the DUII diversion program, you will have to plead guilty or “no contest” to the criminal charge. This means evidence of your arrest will remain on your criminal record. Your DMV record will also contain evidence of a breath test refusal or failure.
A diversion program isn’t for everyone
You should give serious thought to the decision to enter into a diversion program. If you fail to complete the program, you could face serious fines and even jail time. Also, you will need to decide if you want to plead guilty to a criminal charge. You should discuss all of your available options with a skilled criminal defense professional.