If you are facing DUII charges and wish to avoid jail time, diversion from jail could be an option. The most broad definition of diversion is that it’s a formal agreement you enter into with the court. When you enter into a plea of guilty or no contest at the time of your diversion hearing, and do all that the court requires you to do in a year, your DUII charge will be dismissed.
What Can Affect My Eligibility For DUII Diversion?
While everyone is not eligible for Oregon’s DUII Diversion Program, your DUI attorney can help you figure out if you meet the requirements. To be clear, DUII diversion is only available for your DUII charge. This will not apply to any other charge or charges you may be facing during this time. Several clients want to participate in the diversion program, but are concerned about their eligibility. While there are several variable that can make you ineligible for the program, there are some factors that each person should consider. These variables will apply on the date you file the petition for your entrance to the program. If you are denied entry or deemed ineligible for the program, some of the most common factors include:
- conviction of a DUII offense within the past 15 years
- participation in a similar DUII program in the past 15 years
- participation in a similar alcohol or drug rehabilitation program in the past 15 years
- holding a commercial driver’s license on the day you were cited and/or arrested for a DUII
- operation of a commercial motor vehicle at the time you were cited and/or arrested for a DUII
Once again, there are multiple factors that can affect your eligibility for the program. We urge you to review all these factors with a DUII attorney, and quickly. Hiring a firm like Reynolds Defense Firm is absolutely beneficial to address all your legal matters. The earlier you seek legal counsel, the earlier we can inform you and help strengthen your case. Having answers will help you sleep at night, and help you decide what the next best steps are for you and your family.