What is the DMV form 735-6821 for DUII?
Individuals who are convicted of a DUII will need to obtain DMV Form 735-6821 (DUII Treatment Completion Certificate) in order to reinstate their driving privileges.
What should be included in a petition for a diversion agreement?
(4) In addition to any other information required by the Supreme Court to be contained in a petition for a driving while under the influence of intoxicants diversion agreement, the petition shall include: (a) A plea of guilty or no contest to the charge of driving while under the influence of intoxicants signed by the defendant;
Are there any fines associated with diversion programs?
There are no fines associated with diversion. However, there are a number of fees that are required for completion of the program. The treatment fees will vary depending on which state certified treatment provider you select and the length of treatment that you are required to complete.
What is the Oregon DUII diversion program?
What is the Oregon DUII diversion program? Diversion is a program that gives defendants the opportunity to earn a dismissal of their DUII charge by successfully completing court ordered obligations. Therefore, diversion is an attractive option for many people facing a first time DUII arrest.
How long is driver's license suspended for DUI in Oregon?
If you are arrested for driving under the influence of intoxicants and you: Take a breath test and fail it - DMV will suspend your driving privileges for 90 days. If you have any prior alcohol-related entries on your driving record within five years, DMV will suspend your driving privileges for one year.
How long are DUI classes in Oregon?
The classes are offered by various treatment providers and everyone who has an ADES evaluation will be referred to some form of classes. The shortest commitment is 4 weeks, and the longest commitment is generally 12 weeks.
What is a DUII in Oregon?
Some use the name DUII, for Driving Under the Influence of Intoxicants. And, some states call the offense DWI, for Driving While Intoxicated. In practicality, these all are referring to the same crime. Technically, in Oregon, the crime is Driving Under the Influence of Intoxicants, shortened as DUII.
How long does a diversion stay on your record in Oregon?
one yearYour driving record will reflect the diversion even after the program has been completed and the charge is dismissed. How long is the diversion program in Oregon? The diversion program lasts exactly one year in Oregon.
How does diversion work in Oregon?
The diversion program is typically 12 months long and very similar to being placed on bench probation. During the 12 month time-frame, you must pay a fee to the court, attend a drug/alcohol evaluation, attend a Victim Impact Panel class, and participate in and complete a drug/alcohol treatment program.
What are the penalties for a DUII in Oregon?
Jail Time and Fines for Oregon DUII Convictions1st offense2nd offenseJail Time48 hours (or 80 hours community service) to 1 year48 hours (or 80 hours community service) to 1 yearFines$1,000 ($2,000 if BAC is .15% or more) to $6,250$1,500 ($2,000 if BAC is .15% or more) to $6,250
How much does a Duii cost in Oregon?
For most first-offense DUIIs, the minimum fine is $1,000, plus a $255 conviction fee. However, if your BAC was . 15% or more within two hours of driving, your fine will be at least $2,000. The maximum fine, in either case, is $6,250.
How likely is jail time for first DUI Oregon?
A first DUI conviction in Oregon will result in a minimum of 48 hours in jail or 80 hours of community service. Additionally, there will be a minimum $1000 fine and a 1-year license suspension. A conviction will also require the treatment conditions that were present in the diversion as well.
What is acceptable proof of clearance from a court?
Acceptable proof of clearance from a court includes either of the following: An official court clearance document from the court; or. An electronically transmitted clearance sent directly to DMV from a Circuit Court in Oregon. Persons suspended for failure to appear or to comply are not eligible for a hardship permit.
Does Oregon require an IID?
Anyone convicted of DUII in Oregon is required to install and maintain an IID. The requirement starts at the end of the suspension or revocation caused by the DUII conviction. Anyone granted a hardship permit during a DUII suspension is required to install and maintain an IID.
Is a DUII revocation a suspension?
A suspension or revocation resulting from a DUII conviction is separate from any suspension you may receive under the Implied Consent law. For related statutes, see Chapter 813 of the Oregon Revised Statutes. Implied Consent.
What happens if you are terminated from the diversion program in Oregon?
Therefore, if you are terminated from diversion (flunk out) you will be convicted of the DUII and sentenced. You will have to do treatment again from the beginning; pay a large fine; and go to jail or do community service.
When did Oregon change its DUI program?
In 2005, the Oregon Legislature made a number of changes effecting CDL holders. Among other things, a person may enter Oregon's DUI diversion program only if the driver did not hold a commercial driver license on the date of the commission of the offense.
What is the driving under the influence statute in Oregon?
The Oregon driving under the influence diversion statutes are found at ORS 813.200 et seq. Diversion is the only alternative to taking your DUII to trial or pleading guilty / no contest to the charge.
What is the number to contact for Oregon DUII?
Most states also have a victims panel class and ignition interlock devices. Contact David Lesh at 503.546.2928 if you have an Oregon DUII but live in another state.
What counties in Oregon have DUII?
The DUII diversion program is governed by Oregon Revised Statutes, so the requirements are the same whether you're in Portland, Beaverton, Hillsboro, Gresham, Oregon City, McMinnville, St. Helens, Astoria, or Lake Oswego. Individual counties do use their own evaluators (ADES / ADSS) however.
Can you go to a DSP in Oregon?
Yes, so long as the treatment provider is a "DUII Service Provider" (DSP) approved by the Health Systems Division of the Oregon Health Authority (translation, you can go to any state certified DUII treatment provider). ADES / ADSS cannot force you to go to a certain provider. See OAR 415-054-0481 (1) (b).
Does Oregon have a deferred prosecution program?
See ORS 813.170 (2). Oregon also does not use a deferred prosecution program as does the State of Washington.
What is a DUII in Oregon?
If You Have Committed a DUII: Oregon law requires anyone who is under a diversion agreement for or convicted of driving under the influence of intoxicants (DUII) to complete these services: A screening interview with an Oregon Alcohol and Other Drug Screening Specialist (ADSS), and. A DUII services program.
What is a DUII rehabilitation?
DUII Rehabilitation is for individuals who have had a previous DUII or meet diagnostic criteria for a substance use disorder. Individuals referred to DUII Rehabilitation must: Complete DUII Education. Complete the substance use disorder treatment services deemed necessary by the diagnostic assessment, and. Abstain from use of intoxicants as ...
Mission
To ensure appropriate screening, education and substance use disorder treatment services for individuals who are under a diversion agreement for, or convicted of, driving under the influence of intoxicants (DUII) in an Oregon court, to reduce the risk of re-offending.
What We Do
The Oregon Health Authority (OHA) Health Systems Division (HSD) sets the certification and service standards for Alcohol and Other Drug Screening Specialists (ADSS) and DUII services providers, and monitors them for compliance.
Suspensions & Revocations
- If a court suspends or revokes your driving privileges, you may get a suspension or revocation order in court. The court may confiscate your driver license and return it to DMV. If your driving privileges are suspended or revoked by DMV, a notice of suspension or revocation will be sent to the address on your driving record. If you have a license in your possession, it must be returned t…
Failure to Appear/Comply
- DMV, when ordered by a court, may suspend a person's driving privilege if the person fails to appear in court or fails to pay a traffic fine for a traffic violation or a traffic crime in Oregon or Washington. Your driving privilege will be suspended until DMV receives proof that the case has been cleared with the court or until ten years has elapsed from the date the suspension begins, …
Court Denial
- DMV, when ordered by the court, may suspend a person's driving privileges if the person is between 13-20 years of age (at the time of the offense) and is convicted of an offense involving the possession, use or abuse of alcohol. The order denying driving privileges (suspension) will remain in effect for: 1. One year or until the person turns 17 years old, whichever is longer, if it is …
Implied Consent
- Oregon's implied consent law means that by driving a motor vehicle you have implied you will consent to a breath, blood or urine test if a police officer requests you to take such a test. The officer can request you to take a test if the officer has arrested you for DUII. Refusal to take a test is admissible as evidence in court. You will fail a te...