DUI Diversion Programs: What Are They and How Do They Work?

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People arrested for a DUI charge in Portland, Oregon might end up in jail for a time. To avoid jail time, you can commit to Oregon’s DUI Diversion Program.

The rules for getting into the program are simple. You just have to be considered eligible for DUI diversion to be admitted. The members of the court will decide your eligibility and whether you can enter the diversion program or not.

Your responsibility is to show up and make sure you promptly complete all of the requirements after being considered eligible by the court members and choosing to participate. In any typical DUI diversion program, the defendant must follow some specified conditions (take note of those).

As the conditions are fulfilled, the prosecutor or judge usually dismisses the DUI charge. The diversion program options allow the defendant the option of rehabilitation and a second chance.

What Is a DUI Diversion Program?

A diversion program takes a defendant out of the criminal courts and offers a second chance to first-time offenders. Diversion programs are used to avert jail time for the first-time offender and settle their case without any criminal conviction.

Mostly, the DUI diversion programs are intended to supervise DUI cases where the situation is considered a mistake. Plus, the offender is unlikely to re-offend. Diversion has become quite popular in DUI cases involving youthful or wealthy offenders.

What Are the DUI Diversion Eligibility Criteria?

To keep in mind, diversion programs are not offered to all offenders. They must be considered eligible by the Portland, Oregon court members before being able to participate in the program.

A diversion program isn’t available for DUI offenders with past DUI convictions, unresolved criminal charges, those who formerly participated in a diversion program, or have an extensive criminal background. The Federal regulations also forbid CDL (commercial driver’s license) owners from getting a DUI diversion.

There are several applicants for the program at any time, but only a few are considered eligible. A professional attorney can help you navigate through many eligibility factors. Depending on different states, the court can ask the defendant to enter a guilty plea to a DUI offense and admit responsibility. It will help you get your charge dismissed.

But remember, if you fail to complete your responsibilities under the DUI diversion program since you have already admitted a guilty plea, it could be used against you.

What Are the Requirements for a DUI Diversion Program?

Once you have successfully participated in a diversion agreement with the court for a DUI case, you are supposed to follow several rules and fulfill the court’s requirements. There is also a specified time frame to complete your tasks to have your charges dismissed successfully.

Usually, a one-year time duration is offered for all the requirements, so you should act as quickly as possible.  The requirements include, but are not typically restricted to:

  • Getting a DUI or material abuse assessment
  • Completing the treatment determined necessary by the substance abuse evaluation
  • Attending a victim’s influence panel
  • Regularly paying court fees
  • Getting counseling and treatment programs

How Do These Programs Work?

There are different types of this type of program, the most common of which is suspended sentences. The court members will decide on the suspension of the DUI sentence while the offender responsibly completes the DUI diversion obligations.

By suspending the sentences instead of dismissing the charges, the court holds a possibility to settle the case if the defendant fails to fulfill the requirements of the diversion program. In such a case, the defendant will be subject to the initial sentence.

As discussed, the diversion program includes DUI or substance abuse assessment including community service such as highway cleanup or publicly speaking about the dangers of drunk driving. Once all the conditions are met court will usually dismiss the charges.

Get Legal Help Now

You need legal help here as soon as possible, proficient attorneys regularly check in with you and the court during the diversion program. We, at the Trilogy Law Group, offer an experienced team of lawyers that ensure you fulfill each requirement presented by the court to dismiss your DUI case.

We make additional efforts to guarantee the success of the diversion program so that the case is dismissed. If you are facing DUI charges, don’t wait any longer, contact us now for a free case review!

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