ORS 813.200
Notice of availability of diversion

  • petition
  • form
  • contents

(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]

Source: Section 813.200 — Notice of availability of diversion; petition; form; contents, https://www.­oregonlegislature.­gov/bills_laws/ors/ors813.­html.

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)

813.010
Driving under the influence of intoxicants
813.011
Felony driving under the influence of intoxicants
813.012
Crime classification for purposes of rules of Oregon Criminal Justice Commission
813.017
Arraignment
813.020
Fee to be paid on conviction
813.021
Requirements for screening interview and treatment program
813.022
Proof of treatment
813.023
Alternative payment methods for screening interview or treatment program
813.025
Designation of agency to perform screening interview and treatment program
813.030
Amount of fee
813.040
Standards for determination of problem condition involving alcohol, inhalants or controlled substances
813.050
Out-of-service orders for operators of commercial motor vehicles
813.055
Civil penalty for violation of out-of-service order or notice
813.095
Offense of refusal to take a test for intoxicants
813.100
Implied consent to breath or blood test
813.110
Temporary permit upon confiscation of license
813.120
Police report to department
813.130
Rights of and consequences for person asked to take test
813.131
Implied consent to urine test
813.132
Consequences of refusing to take urine test
813.135
Implied consent to field sobriety tests
813.136
Consequence of refusal or failure to submit to field sobriety tests
813.140
Chemical test with consent
813.150
Chemical test at request of arrested person
813.160
Methods of conducting chemical analyses
813.170
Plea agreement prohibited
813.200
Notice of availability of diversion
813.210
Petition
813.215
Eligibility for diversion
813.220
Matters to be considered by court in determining to allow diversion agreement
813.222
Right of victim to be present at hearing
813.225
Petition for extension of diversion period
813.230
Diversion agreement
813.233
Exemption from completing treatment program in this state
813.235
Attendance at victim impact treatment session as condition of diversion
813.240
Amount and distribution of filing fee
813.245
Booking
813.250
Motion to dismiss charge on completion of diversion
813.252
Motion to dismiss charge when minimal fine amount remains
813.255
Termination of diversion
813.260
Designation of agencies to perform screening interviews
813.270
Intoxicated Driver Program Fund
813.300
Use of blood alcohol percentage as evidence
813.310
Refusal to take chemical test admissible as evidence
813.320
Effect of implied consent law on evidence
813.322
Department of State Police rules regarding breath tests as evidence
813.324
Use of testimony from implied consent hearing as evidence in prosecution
813.326
Felony driving while under the influence of intoxicants
813.328
Notice of intent to challenge validity of prior convictions
813.400
Suspension or revocation upon conviction
813.410
Suspension upon receipt of police report on implied consent test
813.412
Role of police officer in implied consent hearing
813.420
Duration of suspension for refusal or failure of test
813.430
Grounds for increase in duration of suspension
813.440
Grounds for hearing on validity of suspension
813.450
Appeal from suspension for refusal or failure of breath test
813.460
Department procedures upon verification of suspension of driving privileges of wrong person
813.470
Department notation on record of person acquitted after suspension
813.520
Limitations on authority to issue hardship permit or reinstate driving privileges
813.599
Definitions
813.600
Ignition interlock program
813.602
Circumstances under which ignition interlock device required
813.603
Waiver of costs of ignition interlock device
813.604
Notice of court order
813.606
Exception for employee otherwise required to have device
813.608
Knowingly furnishing motor vehicle without ignition interlock device
813.610
Soliciting another to blow into ignition interlock device
813.612
Unlawfully blowing into ignition interlock device
813.614
Tampering with ignition interlock device
813.616
Use of certain moneys to pay for ignition interlock program
813.620
Suspension of driving privileges for failing to provide proof of device installation or for tampering with device
813.630
Notice of ignition interlock device installation and negative reports
813.635
Consequence for negative reports generated from ignition interlock device
813.640
Additional treatment following negative reports
813.645
Motion to vacate requirement to install and use ignition interlock device
813.660
Service center and manufacturer’s representative certification
813.665
Criminal background check for technicians
813.670
Complaint process
813.680
Ignition Interlock Device Management Fund
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