How can a driver be eligible for DUI diversion?

| Mar 8, 2021 | Drunk Driving |

When a driver is faced with drunk driving charges, they may want to know what to do and what their options are. Because Oregon has a DUI diversion program, accused drivers should understand who is eligible for the DUI diversion program.

Eligibility for DUI diversion program

To be eligible for the DUI diversion program, the accused driver must sign a declaration noting they meet several requirements including:

  • The accused driver has not been convicted of a felony DUI in Oregon or elsewhere;
  • When the declaration is signed, the accused driver is not facing any other drunk driving charges;
  • The accused driver is not participating in a drunk driving diversion program anywhere else;
  • The accused driver is not facing any charges for aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle;
  • The alleged drunk driving offense the accused driver is facing did not involve any deaths; and
  • At the time of the alleged offense, the accused driver was not operating a commercial vehicle and did not have a commercial vehicle driver’s license.

In addition, to be eligible, the accused driver must have appeared in court on the scheduled date of their first appearance and must file certain paperwork within 30 days of that appearance. Lastly, to be eligible for the DUI diversion program, the accused driver must meet certain drunk driving offense history ranging back 15 years.

What does the DUI diversion program mean?

The DUI diversion program allows the accused driver to pay a court fee, complete an alcohol evaluation, complete an alcohol treatment program and participate in a victim’s impact panel rather than facing other more severe penalties. For that reason, accused drivers in should be familiar with how they can qualify for the DUI diversion program when facing drunk driving charges.