What are the consequences for failing diversion in Portland? 3 Answers as of April 26, 2011

I'm about to enter Diversion in Multomah county and I want to be aware of how the state handles a failure of diversion. Will I be subjected to random drug and alcohol testing?

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
During the treatment part of your diversion, you will be subject to random substance testing. A failed diversion will result in probation, incarceration and a new, judicially imposed license suspension of one year or more.
Answer Applies to: Oregon
Replied: 4/26/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
The Diversion statute requires that you enter a plea of guilty or no contest to the DUII charge if you decide to enter diversion. What that means is that you give up your right to a trial on the DUII charge. If you do fail diversion, the only thing left for the judge to do is sentence you. There will be no evidence necessary. The consequences of failing diversion include a one-year driver's license suspension, a minimum fine of $1000, 2-3 years of probation, mandatory drug and alcohol treatment (basically the same as diversion all over again), the victim impact panel (again if you did it for diversion) and a minimum of 2 days in jail (although in Multnomah County, the DA typically recommends 10-15 days in jail). As far as the random D&A testing, usually your treatment provider does subject you to some form of random urine and hair testing.
Answer Applies to: Oregon
Replied: 4/18/2011
Edward A. Kroll, Attorney at Law
Edward A. Kroll, Attorney at Law | Edward A. Kroll
If you fail Diversion, you will be convicted of the crime of DUII. Your particular Diversion treatment will vary, depending on the facts of your case and the treatment provider itself. You may be subjected to urinalysis, but you may not be. If you do fail Diversion, you are automatically convicted of DUII, and you are not allowed to have a trial. This is because to get into Diversion, you must enter a Guilty of No Contest plea. If you fail, then that plea is used against you and you will be convicted. You should talk to a lawyer and consider having representation, even if you think you can do this yourself. It seems simple from the outside, but I can't tell you how many people have gotten themselves in a bad situation in Diversion because they tried to do things without a lawyer.
Answer Applies to: Oregon
Replied: 4/18/2011
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