DUII DIVERSION PROGRAM
Diversion is a program that you may be able to participate in that will allow you to avoid a conviction for DUII. To participate in diversion you must enter a plea of “guilty” or “no contest,” and your diversion period will last for one year. If you complete the conditions of your diversion within one year then the charges against you will be dropped and you will avoid a conviction, jail time, a large fine, and a license suspension.
- Pay a fee – usually $490
- Participate in a substance evaluation and complete treatment – minimum of 90 days
- Attend the Victim Impact Panel presentation
- Install an Interlock Ignition Device on your vehicle
For more detailed information on diversion in Jackson County click here where you can view a handout that I created to help. Feel free to use it, but remember some information may have changed or may not apply to your specific situation.
If you have been charged with a DUII for the first time it is likely that you are eligible for diversion. However, there are a number of facts that may make you ineligible for diversion. For instance, if you have a Commercial Driver’s License you will be ineligible, or if you were involved in a car accident and someone was injured during that accident.
It is possible for you to maneuver your way through diversion without a lawyer, however retaining an experienced lawyer will provide you with many advantages. Entering into and completing diversion has many technical deadlines and rules that are difficult to follow. You may accidentally miss one of these deadlines or make a mistake in the process and this could lead to you being convicted of the DUII. If you retain my services I will gladly help you through every step of the way. I will contact people on your behalf to help set things up. If you find yourself ineligible for diversion I may be able to convince the Judge or the District Attorney to let you in to the diversion program despite your possible ineligibility.
DUII DIVERSION INFORMATION
***Your Diversion Will Last One Year. If At The End Of That Year You Have Complied With All Of The Terms Of The Diversion The Case Against You Will Be Dismissed***
Pay Your Court Fees
- You must pay a total of $490 to the Jackson County Court within one year.
- A monthly payment plan is available.
Evaluation And Treatment
- You must complete a drug and alcohol evaluation at Jackson County Community Justice, located at 1101 W. Main St. in Medford. This costs $150 and must be paid in full before you can begin treatment.
You will be referred to a treatment agency after your evaluation is complete. For a list of providers see this website: http://findtreatment.samhsa.gov/
- An orientation is held every Tuesday at 11:00AM at the DUII office. You must attend this.
- For a list of out of state providers see this website: http://findtreatment.samhsa.gov/
- Your treatment will likely last a minimum of 12 weeks.
- You must remain clean from alcohol and all drugs (including marijuana) during the treatment period. You must provide UA’s to the treatment provider. If you provide a positive UA you must start the treatment over.
- Your treatment will likely cost a minimum of $750. This will be determined by the treatment agency. It may cost you more if you are required to start over or if you complete residential treatment first.
- Most agencies require that you attend classes a minimum of two times per week.
- You may be required to pay the treatment agency in full before they verify your completion.
- Some treatment agencies provide a “sliding scale” payment plan based on your income.
- Most treatment agencies accept a monthly payment plan.
- Some treatment agencies accept OHP.
- Most people who fail diversion fail because they didn’t complete the treatment program.
Attend the Victim Impact Panel
- This is a one-time appearance; it lasts two hours. It occurs the first Wednesday of each month at the Smullin Center at the Rogue Regional Medical Center at 2825 E. Barnett Rd.
- It costs $25, cash only. Bring identification. No reservation is required.
- Check in begins at 6:00 and class starts at 6:30. No late entries.
- To contact the Court about the Victim Impact Panel call 776-7171 x583
Install the Ignition Interlock Device
- If you want to drive during your diversion, you must install an Ignition Interlock Device. For a list of providers go to this website: http://www.oregon.gov/ODOT/DMV/docs/iid_approved_devices.pdf
- If you are caught driving without the Interlock Device, your diversion may be terminated.
- You may only participate in diversion once every 15 years.
- While on diversion you may not consume ANY alcohol. You certainly cannot consume any alcohol and drive. If you are caught drinking at all while driving, your diversion will be terminated.
- You may be able to receive a six-month extension on your diversion. This request must be filed during the last month of diversion. It can be filed at the Courthouse.
- When you complete treatment, obtain and keep a copy of your completion certificate. The treatment provider may lose or destroy it and the DMV may want proof of completion of treatment.
***The Information Is Intended To Be A Helpful Guide. Some Details May Vary Depending On The Treatment Provider. You Cannot Rely On This Guide Without Verifying This Information With Jackson County Community Justice And Your Treatment Provider***