You may have heard about DUI diversion. This is a program offered to certain DUI offenders that has a variety of requirements, including completion of a drug/alcohol abuse assessment and possible treatment, attendance at a victim impact panel, payment of fines and staying out of trouble for a certain period of time (usually one year). If you successfully complete diversion, your DUI charge will be dismissed altogether – no DUI on your record!
But – and this is a big but – you had better finish all your diversion requirements on time, or else your diversion will be terminated and you will be sentenced as though you had simply pleaded guilty. A few months ago, in State v. Rowland, the Oregon Court of Appeals held:
“[i]f a defendant subject to a diversion agreement does not complete the defendant’s obligations under the agreement–including payment of all monetary obligations–by the end of the diversion period, “the court shall enter the guilty plea or no contest plea filed as part of the petition for a diversion agreement, shall enter a judgment of conviction and shall sentence the defendant.” (emphasis added)
In simple terms, this means that if you pick diversion, you need to commit to it 100% – who would want to get through 90% of all of those diversion requirements only to have it all mean nothing? While on diversion, it will be important to keep track of your different requirements, and double-check that you have completed each one.
So, how do you tell if you should accept diversion? Only your lawyer can answer that. Portland Defender can help you with your DUI – whether your case is one for diversion, dismissal or trial, Portland Defender helps DUI clients get the best deal possible.