In the State of Oregon, Driving Under the Influence of Intoxicants (DUII) is a Class A misdemeanor or a Class C felony. Misdemeanor DUII is punishable by a maximum sentence of one (1) year in jail and a fine up to $6,250. If a minor is in the vehicle, the fine may increase to $10,000. Felony DUII is punishable by a maximum sentence of five years in prison and a fine of $125,000. If a court convicts an offender of misdemeanor DUII, it will suspend their Oregon driving privileges for one or three years or revoke them for life, depending on their driving record. If a court convicts an offender of felony DUII, it will revoke their driving privileges for life.
Oregon Law offers a diversion program for individuals who have not been convicted of DUII or participated in a DUII Diversion Program in the 10 years before their current DUII arrest, or in a similar alcohol/drug rehabilitation program. Additionally, to qualify for the DUII Diversion Program, the arrest must not have involved an accident where another person was injured.
The DUII Diversion Program requires a one-year commitment. You must file the petition for diversion within 30 days of the appearance date on your citation, unless the Court approves an extension for good cause. To participate, you are required to plead guilty or no contest. The Court will hold your plea and give you the opportunity to complete a screening interview and treatment as an alternative to prosecution.
As part of the program, you must pay a filing fee, attend a Victim Impact Panel program, and cover all associated costs. You are prohibited from driving under the influence of intoxicants. Additionally, you must keep the Court informed of your current address throughout the diversion period and sign information release forms so the Court and district attorney can access your evaluation and treatment reports. Note that your driving privileges are not suspended by the Court during the diversion period.
What advantages are there to entering the DUII Diversion Program?
In summary, the DUII Diversion Program affords eligible persons the opportunity to participate in an alcohol/drug evaluation and education/rehabilitation program in lieu of being convicted of DUII. The advantages to entering the program are:
- Upon completion of the Diversion Program, there is no DUII conviction entered on your driving record.
- Court costs are considerably lower. The filing fee for participation in the DUII Diversion Program is less than a fine for conviction.
- Your driver’s license will be suspended by the Court if you are convicted of DUII. There is no suspension for participation in the DUII Diversion Program.
- There is no requirement to serve jail time or perform community service work in the Diversion Program.
What is the DUII Diversion Program?
The DUII Diversion Program is a legal agreement with the Court. It sets aside a guilty or no contest plea and allows the case to be dismissed after one year if all terms of the agreement are met.
Do I qualify for the Diversion Program?
If you have not been convicted of a DUII or participated in a DUII Diversion Program in the past 10 years, you may be eligible. This also applies if you have not joined any similar drug or alcohol rehabilitation program in any state during that time. You must also have no pending charges for murder, manslaughter, criminally negligent homicide, or motor vehicle-related assault when filing for diversion. Finally, the arrest must not involve an accident that injured another person.
What costs are involved in the DUII Diversion Program?
If you decide to participate, you must pay a $405.00 filing fee to the Court. You must also pay a $150.00 screening interview fee to an Alcohol and Drug Evaluation Specialist. These costs are required by statute. Additionally, you must cover the costs of treatment and the Victim Impact Panel Program.
When are Court costs due?
The filing fee is due at the time you file a petition for entry into the DUII Diversion Program. You may arrange a payment plan with the Court if you cannot pay the full amount at the start of the program. You must pay the $150.00 evaluation fee before the screening interview, unless you make other arrangements with the evaluator.
Failure to pay the filing fee in full or when payments are due will result in the termination of your diversion agreement. Failure to pay for the evaluation and/or treatment may result in the termination of your diversion agreement.
When and where do I apply for the DUII Diversion Program?
Application for the program is made at the court clerk’s office on the basement floor of the Clatsop County Courthouse, 749 Commercial Street, Astoria, Oregon. When you appear in court for your first appearance, an application will be provided at your request. If you desire, you may come to the clerks’ office prior to your scheduled court appearance to apply for the diversion program.
Will I lose my driver’s license?
The court will not suspend your license unless you fail to comply with the Diversion Agreement. Thirty (30) 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 for one or three years or for a lifetime, depending on your driving record.
Will the DUII go on my record?
The DUII will be on your driving record as a diversion, not a conviction.
What happens to the DUII Diversion at the end of the one-year period?
If you complete the alcohol treatment or education program, pay all required fees, and meet all other Diversion Program requirements, the Court will dismiss the DUII charge. If you fail to complete all requirements, the Court will terminate your diversion agreement. The Court will then set the case for sentencing. If you do not appear in court as scheduled, the Court will issue a warrant for your arrest. The authorities will sanction your driver’s license and refer unpaid fees to the Department of Revenue for collection.
