EXPLANATION OF RIGHTS AND DUII DIVERSION AGREEMENT
You may apply for the DUII Diversion Program but can enter the program only if you meet all eligibility requirements. The court will appoint a lawyer to help you if you request one and the court finds that you are indigent. .
ELIGIBILITY FOR DIVERSION PROGRAM. You are eligible to participate in the diversion program only if:
- You meet all requirements described in the attached Petitioner Sworn Statement of Eligibility (DUII Diversion Form 3); and
- You appeared in court on the date scheduled for your first appearance on the charge or the court finds good reason to excuse your failure to do so; and
- You file this petition with the court within thirty (30) days of your first appearance in court, unless the court finds there is good cause to allow a later date.
AGREEMENT WITH THE COURT. The Uniform DUII Diversion Petition and Agreement (DUII Diversion Form 1) is your agreement with the court. To have the DUII charge dismissed, you must do all the following:
a. Pay to the court the required diversion fees identified in Section 1 of the Summary of DUII Diversion Fees (DUII Diversion Form 5). If you cannot afford to pay these fees, tell the judge. The court may waive some of the fees or allow you to make payments over time, depending on your financial situation.
A defendant allowed into a driving under the influence of intoxicants (DUII) diversion program will be required to pay the fees listed below.
The defendant must pay the following fees to the court:
- $386 filing fee
- Court-appointed attorney fees
The court may waive all or part of these fees if it finds the defendant is indigent. The court may also allow the defendant to pay in installments over time.
The defendant must complete an alcohol and drug abuse assessment.
- The cost of the assessment is $150. The defendant must pay this fee directly to the agency or organization conducting the assessment.
- The defendant must pay for any treatment recommended by the assessment. The cost of treatment varies. The defendant must pay treatment costs directly to the agency or organization providing the treatment. If the defendant is unable to pay, the agency or organization providing the treatment may allow payment in installments over time.
The court may order the defendant to attend a victim impact panel and pay a participation fee. The fee can range from $5 to $50. The defendant must pay this fee directly to the panel coordinator on the day of the panel.
The court will order the defendant to install an approved ignition interlock device in any vehicle operated by the defendant during the term of the diversion agreement when the defendant has driving privileges. The defendant must pay to the provider installing the device any costs associated with leasing, installing, and maintaining the device, unless the Department of Transportation finds that the defendant is indigent and waives all or part of these fees. The department may also defer the costs or allow payment in installments over time.
b. Complete an alcohol and drug abuse assessment as directed by the court. You must pay the assessment fee directly to the assessment agency. You must also give the agency accurate and truthful information about your use of drugs and alcohol. The agency will recommend a treatment program if the court finds that you need treatment.
c. Complete the recommended treatment program. You must pay the treatment provider directly. If you cannot pay the cost of treatment, tell the treatment provider. The provider may be able to waive certain costs or allow you to make payments over time.
d. Attend a victim impact panel and pay the participation fee as ordered by the court.
e. Comply with state laws that prohibit the use of intoxicants.
f. Do not use any alcohol or other intoxicant during the term of the diversion agreement, except for:
- sacramental wine given or provided as part of a religious rite or service;
- alcohol or a controlled substance taken as directed pursuant to a valid prescription; or
- a non-prescription drug that contains alcohol so long as taken in accordance with the directions for use that are printed on the label.
g. Keep the court advised at all times of your current mailing and residential addresses.
h. Install an approved ignition interlock device in all the vehicles you operate during the term of the diversion agreement when you have driving privileges.
ADDITIONAL INFORMATION AND WAIVER OF RIGHTS
a. The diversion agreement applies only to the DUII charge. Prosecution of the DUII charge will be delayed during the diversion period. If you are charged with other offenses arising from the same incident as the DUII, the other charges will be prosecuted separately. By entering into a diversion agreement, you give up the right to have the DUII charge decided at the same time as your other charges (former jeopardy).
b. If you have a prior DUII conviction, the Interstate Compact for Adult Offender Supervision rules may prohibit you from leaving the state without permission during the diversion period.
c. If you successfully complete the diversion agreement, the court may automatically dismiss the DUII charge at the end of one year. If the court does not, you must file a motion at the end of the diversion period asking the court to dismiss the DUII charge.
d. If the court finds that you violated the terms of the diversion agreement or that you were not eligible for diversion, the court will terminate the diversion agreement. The court may hold a hearing where you can "show cause" why the court should not terminate your diversion. The court will send notice of such hearings by regular mail. If you fail to appear in court, the court can terminate the diversion agreement and may issue a warrant for your arrest.
e. If the court terminates your diversion agreement or you fail to fulfill the terms of the agreement by the end of the diversion period, the court will sentence you without a trial.
f. You may file a motion asking the court to extend the diversion period, but you must file the motion within the last 30 days of your scheduled diversion period. The court may grant an extension if the court finds that you have made a good faith effort to complete the diversion program and that you can complete all remaining conditions within the extension period. The court may grant an extension only once and for not more than 180 days.
g. The court will find that you have violated the diversion agreement if the court receives notice, at any time during the diversion period, that you committed the offense of DUII or of the open container laws under ORS 811.170.
h. If the court denies the diversion petition, the state cannot use your guilty or no contest plea (in Form 4) when the state continues the prosecution.
ADDITIONAL INFORMATION FOR ACTIVE MILITARY PERSONNEL. The following may apply if you are engaged in active military service:
a. The court may not deny your petition for a driving under the influence of intoxicants diversion agreement because:
- You are a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard;
- You have been called to active duty; and
- The military service will impair your ability to complete the diversion program.
b. You may request that the court allow you to participate in a comparable treatment program conducted by or authorized by a government entity in another jurisdiction.
c. You may file a motion asking the court to extend the diversion period. The court may grant an extension if the court finds you have made a good faith effort to complete the diversion program and that you can complete all remaining conditions within the extension period. If you are serving on active duty, you must file the motion by the end of your scheduled diversion period. The court my grant an extension only once and may extend the diversion period as necessary to allow you complete the conditions of the diversion agreement.