Oregon DUI Treatment Options and Resources - Romano Law [PDF]

Jul 23, 2017 - What you need to know about Oregon DUI treatment options-- including Alcohol and Drug Evaluation Services

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Oregon DUI Treatment Options and Resources Oregon DUI Topics:

How to Avoid a DUI Charge in Oregon

People who enter into Oregon’s DUI Diversion Program– or who are convicted of a DUI in Oregon— will have to complete Oregon DUI treatment. This doesn’t necessarily mean the defendant will need to physically complete treatment in Oregon, but the drug and/or alcohol treatment program must conform to Oregon law.

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How to Dismiss Your Oregon DUI Case Oregon DUI Diversion Eligibility Oregon DUI Driver’s License Suspensions SR-22 Oregon DUI Insurance Coverage CDL Suspensions for DUI in Oregon DMV Hearings (Implied Consent Hearings) Felony DUI Laws and Penalties in Oregon Measure 11 DUI Charges in Oregon Driving Under The Influence of Drugs (DUI) Drug Recognition Evaluations in Oregon Drug Recognition Experts in Oregon Marijuana DUI Law in Oregon and Your Rights Collateral Consequences of a DUI in Oregon DUI Companion Charges in Oregon Hiring a DUI Attorney How much does a DUI cost in Oregon? Your Right to a Speedy Trial in Oregon

Alcohol and Drug Evaluation Services (ADES) Drivers who enter into Oregon’s DUI diversion program and drivers convicted of DUI in Oregon are required to have a Alcohol and Drug Evaluation Services (ADES) evaluation. The evaluation generally consists of a series of questions via a written questionnaire and a relatively short oral interview, in order to determine the driver’s use of drugs and/or alcohol. The evaluations typically cost $150.00. It’s important to note that even thought the phrase “Alcohol and Drug Evaluation Services (ADES)” refers to “drugs” and most drivers who receive a DUI were using alcohol only– and were not using or under the influence of drugs– the alcohol and drug evaluation is still required. For more detailed information on ADES evaluations, you can read the ADES Screening Manual Revised May 2012.

In-Patient Oregon DUI Treatment In-patient Oregon DUI treatment refers to a treatment program that is residential. The patient or participant in treatment actually lives in the treatment facility, short term or long term. While in-patient treatment can be critically important for people who cannot obtain sobriety without literal physical deprivation from alcohol, in-patient treatment does not satisfy Oregon law with regard to completion of diversion or probation. However, in some counties and in some cases, overnights spent at an in-patient treatment program may reduce a person’s jail sentence.

Out-Patient Oregon DUI Treatment Out-patient Oregon DUI treatment refers to a treatment program that is nonresidential. The patient or participant attends treatment on weekends or weekdays without staying for overnights. Out-patient treatment is more popular, less expensive, and much more common in Oregon DUI cases. Outpatient treatment is required in Oregon to satisfy diversion or probation. Out-patient Oregon DUI treatment that is intended to satisfy Oregon law with regard to diversion, conviction, or probation begins with an evaluation by an Alcohol & Drug Evaluation and Screening Specialist (ADES) evaluation. The ADES evaluation is designed to screen defendants for an appropriate referral to a state-approved DUI alcohol & drug treatment program, and to monitor the defendant & report to the court whether the defendant is compliant with drug & alcohol treatment. For more information, please review this list of Oregon DUI Drug and Alcohol Treatment Providers (updated February 2017). For Multnomah County (Portland), the Alcohol and Drug Evaluation Services (ADES) evaluator is: Alcohol & Drug Evaluation Services of Portland 506 SW 6th Avenue, Suite 611 Portland, Oregon 97204 503-719-5741 For Clackamas County (Milwaukee & Oregon City), the Alcohol and Drug Evaluation Services (ADES) evaluator is: Pioneer Alcohol and Drug Evaluation Services (PADES) 708 Main Street, Suite 205 Oregon City, Oregon 97045 503-722-5250 For Washington County (Beaverton & Hillsboro), the Alcohol and Drug Evaluation Services (ADES) evaluator is: Drug and Alcohol Evaluation Services 150 NE 3rd Avenue, Suite B Hillsboro, Oregon 97124 503-648-3800 For Deschutes County (Bend & Redmond), the Alcohol and Drug Evaluation Services (ADES) evaluator is: Central Oregon Evaluation Services 1045 NW Bond Street suite 207 Bend, Oregon 97701 541-550-7780 Defendants must pay $150 for the evaluation. The evaluation is authorized and structured by ORS 813.021 and ORS 813.240. The details of ADES evaluations and requirements for ADES evaluators are codified in OAR 415054-0440. Generally there are two outcomes from an ADES evaluation: (1) The courtapproved ADES evaluator will find that DUI education or information is sufficient for the defendant, or (2) the court-approved ADES evaluator will find that the defendant needs DUI treatment. The primary difference between “DUI education” or “DUI information” and “DUI treatment” is the amount of time a defendant must spend in classes. The classes are offered by various treatment providers and everyone who has an ADES evaluation will be referred to some form of classes. The shortest commitment is 4 weeks, and the longest commitment is generally 12 weeks. It’s important to note that much of the ADES evaluation is dictated by law as opposed to therapeutic science or the professional discretion of a dedicated therapist. Individuals who may have an alcohol or drug abuse problem should not assume that an ADES evaluation is a substitute for a comprehensive evaluation by a dedicated drug or alcohol counselor. The ADES evaluation is arguably exclusively a legal requirement imposed by the criminal justice system that must be satisfied for completion of diversion, probation terms, or to reinstate driving privileges. If you live out of state or are otherwise planning to do your treatment in a state other than Oregon (e.g. you might be moving while on diversion or probation), the most important thing you need to do is stay in close communication with the Oregon court-approved evaluator to make sure that they will approve of the treatment provider/program that you use in another state. It’s not satisfactory or sufficient that the treatment provider/program in another state is approved in that particular state, that they come highly recommended, that they are expensive, that they are thorough, that they offer in-patient treatment as opposed to out-patient treatment, or even that it’s arguably a better treatment program than what might be available in Oregon. The treatment program must either offer a program that complies with Oregon’s administrative rules or create a custom program for you that will meet the requirements of the Oregon administrative rules. If the treatment provider/program you go to does not satisfy these rules, you will never have your diversion completed as successful (meaning your diversion could be revoked, and you’d face a conviction, and all the additional sanctions and consequences that come with that), you will not have your probation completed as successful (meaning your probation could be revoked, and you’d face a probation violation, and all the additional sanctions and consequences that come with that), plus you will never get your driving privileges back.

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