Should you enter a DUII Diversion (DUI Diversion), plead guilty, or fight the charges in court?
If this is your first DUI in Portland and you don't have any other DUIs on your record, you probably can enter diversion. Before jumping on the DUI Diversion band wagon you need to know your options. Those options are that: 1) you can fight the charges in court, 2) plead guilty or nolo contender, or 3) enter the DUII Diversion program. Challenging the charges at trial or pleading guilty or nolo contender may be your only options, if you have a DUII conviction on your record.
What is the difference between a DUI and DUII?
DUI (Driving Under the Influence) is what many states call it. In Oregon, it is a DUII (Driving Under the Influence of Intoxicants).
What is a DUI Diversion or DUII Diversion?
A DUI Diversion (DUII Diversion) is a way for first-time DUI offenders to avoid a DUI conviction and save thousands of dollars in fines, court fees, and attorney fees. The diversion program was set up to help offenders get treatment and education about the dangers of driving under the influence of intoxicants
Can I enter Diversion if I have prior DUII/DWI/DUI conviction?
If it has been more than 15 years since you completed all terms of your sentence or diversion, you may qualify for DUI Diversion/DUII Diversion. Read more at the links below to learn more or call 503-512-0483 for a FREE phone consultation. (503) 512-0483
Will a DUI/DUII go on my record if I enter DUII Diversion?
A DUII conviction will not go on your record, if you successfully complete the program. However, the DUII diversion will remain on your record. If you do not successfully complete the DUII Diversion Program, you will be convicted of DUII without a trial and it will go on your record as a conviction.
Why enter DUI Diversion?
Save thousands dollars
Avoid risking a DUII conviction
Avoid Reckless Driving conviction (potentially)
What does my DUI Diversion (DUI Diversion) Attorney do?
Take care of all the court proceedings and legal documentation including:
Contested Hearings, Notices, and Motions
Petition Document Preparation and Court Appearance (You may not have to show up for this.)
Reckless Driving Set-Over (Reckless driving charges may be dropped.)
Dismissal Petition (At the end of the diversion a petition is filed to ask the court to dismiss the charges.)
DMV Hearing Representation (To challenge a driver's license suspension. You do not have to attend.
Why did I get cited for DUI and Reckless Driving?
Courts have routinely ruled that driving under the influence of intoxicants is also reckless driving. But we can often get that case dismissed too with diversion.
Do you qualify for DUI diversion qualifications?
DUI DIVERSION QUALIFICATIONS (DUI DIVERSION QUALIFICATIONS)
What are the DUI Diversion Qualifications/DUII Diversion Qualifications?
If this is your first DUI in any state, you may qualify.
You may qualify under the following rules.
DUI DIVERSION TERMS / DUI DIVERSION TERMS
What are the Terms of a DUI Diversion Agreement?
The following are the general terms of an Oregon DUI Diversion Agreement.
The Uniform DUI Diversion Petition and Agreement (DUI Diversion Form 1) is your agreement with the court. To have the DUI charge dismissed, you must do all the following:
DUI/DUII DIVERSION ADDITIONAL INFORMATION AND WAIVER OF RIGHTS
The diversion agreement applies only to the DUI charge. Prosecution of the DUI charge will be delayed during the diversion period. If you are charged with other offenses arising from the same incident as the DUI, the other charges will be prosecuted separately. By entering into a diversion agreement, you give up the right to have the DUI charge decided at the same time as your other charges (former jeopardy).
If you have a prior DUI conviction, the Interstate Compact for Adult Offender Supervision rules may prohibit you from leaving the state without permission during the diversion period.
If you successfully complete the diversion agreement, the court may automatically dismiss the DUI charge at the end of one year. If the court does not, you must file a motion at the end of the diversion period asking the court to dismiss the DUI charge.
IF YOU VIOLATE THE DIVERSION TERMS: If the court finds that you violated the terms of the diversion agreement or that you were not eligible for diversion, the court will terminate the diversion agreement. The court may hold a hearing where you can "show cause" why the court should not terminate your diversion. The court will send notice of such hearings by regular mail. If you fail to appear in court, the court can terminate the diversion agreement and may issue a warrant for your arrest.
If the court terminates your diversion agreement or you fail to fulfill the terms of the agreement by the end of the diversion period, the court will sentence you without a trial.
IF YOU FAIL TO COMPLETE THE DIVERSION ON TIME: You may file a motion asking the court to extend the diversion period, but you must file the motion within the last 30 days of your scheduled diversion period. The court may grant an extension if the court finds that you have made a good faith effort to complete the diversion program and that you can complete all remaining conditions within the extension period. The court may grant an extension only once and for not more than 180 days.
GROUNDS FOR TERMINATION: The court will find that you have violated the diversion agreement if the court receives notice, at any time during the diversion period, that you committed the offense of DUI or of the open container laws under ORS 811.170.
IF YOU ARE DENIED ENTRY INTO DUI DIVERSION (DUII DIVERSION): If the court denies the diversion petition, the state cannot use your guilty or no contest plea if the state continues the prosecution.
Will my driver's license be suspended?
DUII/DUI & IMPLIED CONSENT DRIVER'S LICENSE SUSPENSIONS
There are two types of driver's licenses suspensions when charged with DUI/DUII. They are 1) court ordered and 2) DMV suspensions.
DMV SUSPENSTION--IMPLIED CONSENT LAW:
Click here for the DMV Suspension Guide
DMV suspensions are separate and additional to court order suspensions. The length of suspension ranges from 90 days to over three years, depending on the circumstances.
Notice by the DMV suspension:
Thirty days after your arrest or citation, the Department of Motor Vehicles (DMV) will suspend your license if you failed or refused the breath test. You must contact DMV regarding this suspension and any application for a hardship permit. If you are convicted of DUII, your driving privileges will be suspended from one or three years or for your lifetime, depending on your driving record.
COURT ORDERED SUSPENSION
Court ordered suspensions are in addition to the DMV suspension. These suspensions range from 6 months to permanent.
How much does a DUI diversion cost?
DUII Diversion Fees
(Note: by successfully completing diversion you will NOT PAY $1,000-$10,000 in fines. People who do not enter diversion and end up with a conviction will have to pay the fine too.)
The defendant must pay the following fees:
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