Posted August/9/2010
The eligibility requirements for DUII Diversion in Oregon
1. No prior DUII conviction or Diversion in the past 15 years.
2. The incident must not have caused physical injury to anyone other than the defendant.
3. The defendant must not be a holder of a Commercial Driver’s License.
4. The defendant must plead guilty or no contest within the first 30 days following the arraignment on the DUII charge.
Reasons why a person might elect to enter the DUII Diversion Program
1. The case may one in which victory at trial is not likely.
2. The defendant may admittedly have a drinking problem and be willing to enter treatment.
3. The defendant is willing to commit himself or herself to a year of sobriety, and have no more DUII charges in the future.
Reasons why a person might elect not to enter the DUII Diversion Program
1. The case may be one in which a successful outcome at trial is likely.
2. The defendant may feel that he or she was not guilty, and may want to contest the charge.
3. The defendant may not believe that he or she has a drinking problem, and is not willing to enter into a treatment program.
What must the defendant do in order to make a good choice about entering or not entering the DUII Diversion Program?
It is vitally important that anyone accused of the crime of Driving Under the Influence of Intoxicants consult with an attorney who is experienced and qualified to handle this highly specialized type of criminal prosecution. Not all attorneys handle criminal matters. Not all criminal attorneys handle DUII matters. Make sure you work with an attorney who knows the ins and outs of DUII defense, and make sure you make the correct decision. If you elect to enter the DUII Diversion Program, you will not be allowed to opt out at a later time. If you choose not to enter the DUII Diversion Program, you will not be able to change your mind at a later date.
