A person may participate in a DUII Diversion Program if he or she:
- Meets all requirements described in the Defendant's Declaration of Eligibility and
- Appears in court on the date scheduled for first appearance, or the court finds good reason for delay; and
- Pleads "guilty" or "no contest" to DUII before trial; and
- Files the diversion petition within thirty (30) days of the first appearance date, unless the court finds good reason for delay.
Legal Rights Waived
A person must waive certain rights to participate in the DUII Diversion program. These rights include:
- Right to jury trial
- Right to see, hear, and question all witnesses who testify against the defendant at trial
- Right to remain silent
- Right to subpoena witnesses and evidence in defendant's favor
- Right to have a lawyer's assistance at trial
- Right to testify at trial
- If the defendant does not testify at trial, the right to have the jury told they cannot hold that decision against defendant
- Right to require the state to prove guilt beyond a reasonable doubt
- Right to appeal unless defendant can make a colorable claim of error
- Right to raise defenses or challenge evidence
What You Must Do
To have the DUII charge dismissed, you must:
- Pay a filing fee to the court.
- Complete a screening interview and pay $150 directly to the person that performs the diagnostic assessment. The court will give you the name and address of a qualified evaluator in Wasco County. You must contact the evaluator within five days and complete the screening interview/diagnostic assessment. The evaluator will refer you to a treatment or education program most appropriate for you.
- Complete treatment recommended by the evaluator and pay for it. If you cannot afford to pay for treatment, tell the treatment provider at your first meeting. You may be eligible for waiver of some or all of the treatment costs.
- You must not use alcohol or drugs in conjunction with the operation of a motor vehicle and you must comply fully with the laws of this state designed to discourage the use of intoxicants in conjunction with motor vehicle operation.
- You must keep the court advised of your mailing address at all times. This is extremely important, because the court and treatment provider will send mail to you and you may need to respond. This protects you.
- You must sign releases of information so the Court and the district attorney's office can read your diagnostic assessment and treatment reports.
If the court allows you to enter into the diversion program and you do everything required of you, the court will dismiss the DUII charge at the end of one year. It is up to you to ask the court to dismiss the charge at the end of the diversion period by filing a motion to dismiss with the court.
The court will terminate the diversion agreement if you violate the agreement or you were
not eligible for diversion. The court will notify you of hearing dates by regular mail. If you fail to appear for a diversion hearing, the court will terminate the diversion agreement and may issue a warrant for your arrest.
If you file a diversion petition and the court does not allow you to enter the diversion program, the prosecution cannot use the guilty or no contest plea against you in the DUII case.