Driving Under the Influence of Intoxicants
Notice of availability of diversion
(1)The court shall inform at arraignment a defendant charged with the offense of driving while under the influence of intoxicants as defined in ORS 813.010 (Driving under the influence of intoxicants) or a city ordinance conforming thereto that a diversion agreement may be available if the defendant meets the criteria set out in ORS 813.215 (Eligibility for diversion) and files with the court a petition for a driving while under the influence of intoxicants diversion agreement.
(2)The petition forms for a driving while under the influence of intoxicants diversion agreement shall be available to a defendant at the court.
(3)The form of the petition for a driving while under the influence of intoxicants diversion agreement and the information and blanks contained therein shall be determined by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses). The petition forms made available to a defendant by any city or state court shall conform to the requirements adopted by the Supreme Court.
(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;
(b)An agreement by the defendant to complete at an agency or organization designated by the city or state court a screening interview to determine the possible existence and degree of an alcohol or drug abuse problem;
(c)An agreement by the defendant to complete, at defendant’s own expense based on defendant’s ability to pay, the program of treatment:
(A)Indicated as necessary by the screening interview; or
(B)If ordered by the court under ORS 813.640 (Additional treatment following negative reports) after the court receives at least two negative reports;
(d)Except as provided in subsection (5) of this section, an agreement by the defendant to not use intoxicants during the diversion period and to comply fully with the laws of this state designed to discourage the use of intoxicants;
(e)A notice to the defendant that the diversion agreement will be considered to be violated if the court receives notice that the defendant at any time during the diversion period committed the offense of driving while under the influence of intoxicants or committed a violation of ORS 811.170 (Violation of open container law);
(f)An agreement by the defendant to keep the court advised of the defendant’s current mailing address at all times during the diversion period;
(g)A waiver by the defendant of any former jeopardy rights under the federal and state Constitutions and ORS 131.505 (Definitions for ORS 131.505 to 131.525) to 131.525 (Previous prosecution) in any subsequent action upon the charge or any other offenses based upon the same criminal episode;
(h)A sworn statement, as defined in ORS 162.055 (Definitions for ORS 162.055 to 162.425), by the defendant certifying that the defendant meets the criteria set out in ORS 813.215 (Eligibility for diversion) to be eligible to enter into the driving while under the influence of intoxicants diversion agreement;
(i)An agreement by the defendant to pay court-appointed attorney fees as determined by the court; and
(j)An agreement by the defendant to pay restitution if ordered by the court under ORS 137.108 (Restitution when defendant has entered into diversion agreement).
(5)A person may use intoxicants during the diversion period if:
(a)The person consumes sacramental wine given or provided as part of a religious rite or service;
(b)The person has a valid prescription for a substance and the person takes the substance as directed; or
(c)The person is using a nonprescription drug, as defined in ORS 689.005 (Definitions), in accordance with the directions for use that are printed on the label for that nonprescription drug. [1983 c.338 §369; 1985 c.16 §191; 1987 c.441 §4; 2003 c.816 §1; 2011 c.468 §3; 2013 c.78 §4; 2015 c.318 §50; 2017 c.655 §9]
Notes of Decisions
Defendant could not collaterally challenge prior counseled conviction as means of qualifying for diversion. State v. Boyer, 87 Or App 643, 743 P2d 1116 (1987)
Notes of Decisions
Effect of defendant's previous participation in diversion program is not affected by whether or not he acted on counsel's advice. State v. Maynard, 85 Or App 631, 738 P2d 210 (1987), Sup Ct review denied
Law Review Citations
20 WLR 319 (1984)