A DUI diversion revocation can be filed by the State under ORS 813.255 if a person is in Oregon’s DUII Diversion Program and fails to comply with the terms of the program or if they violate the terms of the program. The State typically files a Motion and Order to Show Cause Why Diversion Should not be Revoked. Some of the most common reasons for diversion revocation are as follows:
- Failure to have an ADES evaluation
- Failure to attend Victim Impact Panel
- Failure to attend a drug and alcohol treatment program or being kicked out of the treatment program
- Consumption of alcohol
- Obtaining a new DUI
No Right to Trial in Diversion Revocations
Because a guilty or “no contest” plea is a requirement to enter the DUI Diversion Program, a diversion revocation proceeding is not a criminal jury trial or even a criminal bench trial subject to a burden of proof “beyond any reasonable doubt.” A diversion revocation hearing is a hearing before a judge only (not a jury) and the standard of evidence is “preponderance of evidence.” The evidence allowed at this hearing does not need to comply with the Oregon Evidence Code and can even be hearsay.
What Can I Do to Fight a DUI Diversion Revocation?
If you are subject to a possible diversion revocation, contact an attorney immediately. These matters are typically very time-sensitive, a warrant may be issued for your arrest, and the Court may order very strict release conditions after the motion is filed. A lawyer can help you at the actual diversion revocation hearing, and may help lessen the impact of conviction at sentencing if the diversion is revoked.