What is in an agreement for diversion program after a DUII?

| Jan 28, 2021 | Drunk Driving |

The loss of driving privileges is a major concern when arrested for driving under the influence of intoxicants (DUII) in Oregon. For many, driving is a vital and fundamental part of their life. They need to do it for work, school and family obligations. A way to avoid this is to enter into a diversion agreement. This is available in certain circumstances. To take part in a diversion program or to address a charge related to DUII, it is important to have legal advice.

Am I eligible for a diversion program?

There are basic requirements to be eligible for the diversion program. There is a declaration of eligibility in which the person states that he or she has never been convicted of felony DUII in the state or anywhere else; there are no charges pending for DUII; the person is not taking part in a diversionary program at the time; he or she is not facing charges for aggravated vehicular homicide manslaughter or other fatal outcomes or injuries during the commission of a DUII; and there was no DUII conviction in the past 15 years.

There are diversion fees and restitution that must be paid. The person must participate in an alcohol or drug assessment, complete the program, take part in a victim impact panel, and agree not to use alcohol or other intoxicants. In certain situations, intoxicants can be used if it is a religious ceremony and sacramental wine is used; if there is a prescription; or if a non-prescription drug has alcohol in it and its instructions are followed. It is also required that there be an ignition interlock device placed on the person’s vehicle. This will be done if the driver’s blood alcohol content was at least 0.08; they refused a test when asked to take one by a law enforcement officer; they had a BAC of up to 0.08 and there was a controlled substance in the system; or the court orders it even if the BAC was less than 0.08.

A diversion program might be a wise strategy after DUII

It can be worrisome to be arrested and charged with DUII. The long-term challenges that can arise are significant, but there are alternatives for people who meet the criteria. A diversion program could be beneficial for those who are eligible. After the arrest, it is imperative to have legal assistance to determine the preferable course of action and to craft a defense. A firm that is experienced in criminal defense and DUII can be of assistance when seeking a satisfactory resolution and to move forward.