Driving Under the Influence of Intoxicants (DUII)
Oregon's driving under the influence of intoxicants (DUII) service system is complex with several coordinating state and local partners. Individuals arrested for a DUII will be familiar with law enforcement, jail, and the court. If eligible, some individuals may have entered into a diversion agreement with the court. Individuals whose DUII case goes to trial may also have entered into a diversion agreement with court, or they may have been convicted of DUII.
Whether an individual enters into a diversion agreement or is convicted of a DUII, the court will order the individual to set and keep an appointment with an Alcohol and Drug Evaluation and Screening Specialists (ADES). The ADES has two roles in the DUII service system:
- Screen for an appropriate referral to a state approved DUII alcohol and drug treatment program and
- Monitor and provide the court with individual alcohol and drug treatment compliance.
As authorized in Oregon Revised Statute (ORS) and Oregon Administrative Law (OAR) individuals will directly pay the ADES $150 for providing these two services ORS 813.021 and 813.240. In their screening, the ADES will determine if an individual will be referred to DUII alcohol and drug treatment or to a DUII information program. Factors that the ADES will take into consideration in making a referral include blood alcohol content at the time of the arrest, previous arrests, and other factors related to an individual's situation. Individuals who are out of state or whose offense is no longer involved with the court may no longer have an ADES and will need to contact DUII.email@example.com.
Those who are referred by the ADES for DUII alcohol and drug treatment will be assessed by the treatment provider to develop an individualized treatment plan. Unlike some other states, there is not a set amount of time that an individual will be in alcohol and drug treatment. The time it takes to complete will in part be based on individual treatment needs, individual engagement and participation in alcohol and drug treatment, and individual progress. While in treatment, individuals will be required to demonstrate at least 90 days of abstinence from alcohol and other drugs. This is not to say that 90 days is the length of the alcohol and drug treatment, only that the abstinence is 90 days. The 90 days of abstinence must continue through to the individual's successful discharge from alcohol and drug treatment. Individuals who produce a positive drug test will have the 90 day requirement restart and they will not be able to complete alcohol and drug treatment until 90 days have passed without an additional positive test. [309-032-1540(f)]
Alcohol and drug treatment may be required of individuals who are on a DUII diversion agreement or who are convicted of a DUII. Individuals on a DUII diversion agreement or convicted of DUII are most often assessed to DUII alcohol and drug treatment.
The requirements for DUII Information Program are outlined in Oregon Administrative Rule (OAR 415-054-0440). Requirements include 12 to 20 hours of alcohol and drug education. The alcohol and drug education is over a minimum of four sessions over four consecutive weeks. In addition to the drug and alcohol education requirements individuals are required to submit at least one random urine sample for testing within the first two weeks of the DUII Information Program. Individuals who produce a positive alcohol and drug test will be required to enter and successfully complete an alcohol and drug treatment program including the 90 days of abstinence as outlined above.
DUII Information may be required of individuals who are on a DUII diversion agreement or who are convicted of a DUII. Fewer individuals are assed as requiring DUII Information in comparison to the number who are assessed as requiring DUII alcohol and drug treatment. The DUII alcohol and drug treatment requirements of an individual's new state of residence may differ from Oregon requirements, but the individual will be held to Oregon standards for DUII Treatment and DUII Information.