By WILLIAM FRANCIS
If a person is charged with DUI as a first offense, and other conditions are met, the court and the district attorney generally will allow entry into a program known as "diversion."
Diversion is a government-sponsored behavior modification program. It is administered by the probation department in cooperation with the court and private treatment providers.
Diversion is a last resort, not a first resort.
A person charged with DUI should consider diversion as a last resort, not a first resort.
Diversion is an option that should be considered carefully. Anybody who is thinking about entering diversion should have the clear understanding that diversion is an option to be considered only when all other options have been exhausted.
When you go to court for the first time, remember: You have 30 days from the date of your first court appearance to decide if you want to enter diversion.
To get into diversion, first admit to a crime.
Oregon DUI law is more strict than other states, in many respects. For example, first-time DUI charges in California and Washington may be negotiated and settled with a plea to a lesser offense. In Oregon, the law does not permit a person charged with DUI to plead to a lesser charge. The only break available in Oregon for a first-time DUI is a program known as "diversion."
Diversion is a government-sponsored behavior modification program. It is administered by the probation department in cooperation with the courts and private treatment providers.
The worst problem with diversion is that, to "take advantage" of the "opportunity" to enter this program, a person has to do one thing:
Plead guilty or no contest to a crime.
There are lots of conditions.
Diversion is offered only if a defendant has had no prior DUIs in the past 15 years.
Diversion isn't easy. It's not cheap, either. And, what you do in diversion is very similar to what you have to do if you are convicted of DUI and sentenced to probation.
However, there are two advantages to diversion that make it attractive to a lot of people:
(1) There is no possibility of jail (as long as the program requirements are completed), and
(2) There is no license suspension. (This does not affect any implied-consent suspension ordered by the DMV.)
A person won't lose the chance to enter diversion by asking a judge for time to talk with an attorney about the diversion option.
Judges are always be willing to schedule a second court appearance so that a person charged with DUI will have time to meet with an attorney and consider alternatives before accepting an offer to enter diversion.
Completing diversion will not remove a DUI from your criminal record.
Completion of the diversion program does not remove a DUI from a person's criminal record. To enter diversion, a person must admit to having committed a crime.
The federal government treats diversion like a conviction for a crime. So do other countries. If you enter diversion, you may not be allowed to enter other countries, including Canada.
There may be employment consequences if you have a professional license. Professional licensing agencies may initiate inquiries and investigations regarding DUIs that were resolved in a diversion agreement.
If a person entering diversion doesn't abide by the diversion agreement (for example, by drinking or getting arrested again for DUI), or doesn't complete the requirements of the diversion program within one year, the court proceeds to sentencing on the guilty plea.
If the diversion agreement is revoked, there are severe penalties, including jail, fines and suspension of driving privilege.
Diversion can be seriously annoying.
If you decide to take the deal and get into diversion, these are the requirements to enter and complete the diversion program:
(1) Plead to DUI.
(2) Pay the program fee ($490).
(3) Report to the Jackson County Community Justice office for an alcohol and drug evaluation.
(4) Pay $150 for the drug and alcohol evaluation.
(5) Enroll in a treatment program.
(6) Abstain completely from alcohol and all non-prescription drugs for the diversion period (one year).
(7) Install an ignition-interlock device in any vehicle driven while a person is on diversion.
DUI diversion is a one-year program. If all of the program requirements are successfully completed, the criminal charge is dismissed (although it remains a part of a life-long criminal record).
In a diversion, a person's criminal record will always show the arrest, plea, entry into diversion and, finally, the dismissal of the case. It is a public record.
Your best course of action is to see an attorney.
Keep in mind that many lawyers who are not specialists in this area of the law (and many judges, too) will automatically tell you that you should enter diversion before they know the first thing about your case.
Before pleading guilty or no contest to DUI or any other crime, it's best to review the police reports and talk to a lawyer. You definitely should speak with an experienced DUI specialist before you agree to enter the diversion program.
You should plead NOT GUILTY at your first court appearance on a DUI.
At your first court appearance, the judge will set a new court date, about a month out.
You can use that time to get all of the discovery in your case, review it with an attorney, and make the decisions that are right for you.
By WILLIAM FRANCIS
The court imposes fines and fees, in addition to jail time, when a person is convicted of DUI.
A person convicted of a misdemeanor DUI can expect a $1,000 fine for a first conviction, $1,500 for a second conviction, and felony treatment on a third conviction.
If a person chooses to avoid a conviction by entering into the court-sponsored program, such as DUI diversion, there will be a $490 fee for entry into the DUI diversion program.
Whether the court imposes a conventional sentence or orders an "alternative" treatment program, defendants generally pay fees for lots of services, such as evaluations at Community Justice, alcohol and drug treatment and classes, "blow-and-go" devices for their cars, higher insurance rates, and other, ongoing costs.
For example, to go into DUI diversion, in addition to the "program" fee of $490 at the court, there's an "evaluation" fee of $150 at the Community Justice office. Then there's another $25 fee at the "victim impact panel," which is a Mothers Against Drunk Driving program that people convicted of DUI or go on diversion are required to attend.
Everyone who is convicted or enters a plea to get into diversion, will have to report to the payment window at the courthouse. Then, there will be a visit to Community Justice, where defendants are asked to fill out some forms and schedule an alcohol and drug evaluation. If the judge orders jail time, this is the office where applications for home detention are filed.
By WILLIAM FRANCIS
If you have been arrested or cited for DUI, here’s what to do next.
First, find out if you still have time to file a request for a hearing on any proposed DMV license suspension.
To challenge a proposed suspension, you have to file a hearing request within 10 days of a DUI arrest or citation. There are no exceptions to this filing deadline. You can call the Francis Law Office for help with your hearing request.
If a police officer gave you paperwork telling you that your license is suspended, you probably should challenge the suspension. This does not commit you to any particular course of action, but it preserves your options.
Even if you don’t request a DMV hearing, you will have to appear in court on the DUI charge. This is a criminal matter, and it’s separate from the DMV case.
A judge will encourage you to enter a plea of not guilty at your first appearance. This is because the judge will want you to talk to an attorney before making any decisions.
Oregon is particularly strict in its DUI laws. Drivers and DUI attorneys from other states frequently comment that Oregon has some of the toughest DUI laws anywhere.
Diversion may be the best move for some persons. It may be the worst move for others. For example, Diversion may not be a good idea for someone with a professional license or a security clearance. It may not be the best option for a person who wants to keep a job, rent a car or travel outside of the United States. Diversion is always the worst choice when you compare it to having a case dismissed.
If diversion is offered, you generally have 30 days from your first court appearance to decide on whether or not you want to enter the program. This allows time to confer with an Attorney, review your police reports and consider your options.
Despite what some people say, you can’t get a DUI diversion order or a DUI conviction off your record. The record of your arrest – and your guilty plea – will be public forever unless your case is dismissed or you are acquitted after a trial. There is no expungement process for a DUI in Oregon.