Home > Uncategorized > DUII Corner: ineligible for diversion?

DUII Corner: ineligible for diversion?

A Defendant may not be eligible for a DUII diversion program when they have participated in a prior alcohol or drug rehabilitation program.  In State v. Warrington, (Oregon Court of Appeals, May 7, 2008), the court examined ORS 813.220(8) which provides that one is ineligible for a DUII diversion program where one has previously participated in any similar alcohol or drug rehabilitation program.  What is similar under the statute really means when a defendant participates in such a program “to avoid a substantial, judicially imposed adverse consequence.”  Accordingly, an MIP (or other crime) diversion where one participates in alcohol classes for a benefit (i.e., deferred prosecution), would potentially make on ineligible for the DUII diversion program.

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