SLR 4-4.075: DUII DIVERSION

The following procedures shall apply to all driving under the influence of intoxicants (DUII) cases: (1) On each charge of DUII, prior to a defendant’s first appearance in court the district attorney shall review the case to determine if there is an objection to the defendant’s participation in the diversion program. Any objection to a defendant’s participation in the diversion program shall be stated on the charging instrument and announced at the first appearance proceeding and announced at the first appearance proceeding. (2) If the district attorney does not object to the defendant’s participation in the diversion program at the time the defendant is arraigned, then the case will be set on the uncontested diversion docket within 30 days. If the district attorney objects to the defendant’s participation in the diversion program at the time the defendant is arraigned, then the case will be set for trial in the normal course of operations. (a) A defendant may file a petition to enter diversion over the district attorney’s objection. After the petition is filed and accepted by the court, the defendant shall contact the court to set a hearing on the contested diversion docket. (3) If a defendant is charged with a violation offense associated with the DUII allegation and the defendant wants the violation matter to track with the DUII case, they must ask the court to do so as soon as practicable after arraignment. (4) If a defendant is charged with a misdemeanor offense in addition to, and associated with, the DUII allegation, those charges shall be set for a diversion hearing with the DUII charge where the court may conduct proceedings on all charges that are ready for resolution. Any charges not resolved at the diversion hearing shall be set for trial in the normal course of operations. (5) If at the end of the initial diversion period all the conditions of diversion have been satisfied, the defendant may file a motion for dismissal pursuant to ORS 813.250 and serve a copy of the motion on the district attorney. If the district attorney objects to the motion, they must file a written objection with the court within 30 days of being served the motion. If the district attorney does not file an objection, and the court finds that the defendant fully complied with the conditions of diversion, then the court will administratively dismiss the DUII charge without the need for a hearing.