Can I travel to Europe while in diversion treatment?

Asked about 1 year ago - Portland, OR

First duii, my treatment program might not be completed by travel date, going to Holland, Austria, Germany and Hungary

Attorney answers (3)

  1. Justin N Rosas

    Pro

    Contributor Level 11

    8

    Lawyers agree

    Answered . The most important element of this is whether your treatment program will kick you out for noncompliance if you are gone. Most treatment programs locally allow someone to miss 3-4 weeks without being removed from the program. This is largely due to the requirement that the treatment program verify 90 days of sobriety - usually done through a minimum of three urinalysis tests. Speak to your treatment provider to make sure you would not be terminated as non compliant while you are gone.

    The second issue is whether your diversion agreement or release agreement included a provision that you would not leave the state or country while on release or in diversion. Our diversion agreement does not have that language but many release agreements do. You should have signed a release agreement when you either were released from jail or when you made your first appearance on the citation and were released by the judge. Find that, look over it and see if there's a no travel condition. If so, you should be able to call the number on the agreement and request a pass. If it was not on there, I think you're free to go. Best of luck to you!

  2. Ryan Anfuso

    Contributor Level 4

    7

    Lawyers agree

    Answered . I agree with Justin, however, once one enters the DUII Diversion program in Oregon, the pretrial release agreement is no longer in effect. Instead an individual is then under the terms of the agreement for the period of diversion. The diversion agreement does not preclude travel. The main issue with travel during the diversion period will be with the treatment provider. Often times, the treatment provider will not allow missed appointments for the reasons explained by Justin.

    Additionally, there may be an issue with admission into foreign countries when a case is in diversion or if there is a criminal conviction. I suggest that prior to travel, one contact the consulate or embassy of the nation where they are planning to travel in order to ensure that the criminal charge will not bar admission to the country.

  3. Sunil K Raju

    Contributor Level 6

    2

    Lawyers agree

    Answered . There are a few things to think about, mainly: 1. How are you doing in Diversion so far?; 2. Have you talked to your treatment provider about your trip?; 3. Have you gotten permission from the court to leave the state?

    Theoretically, I can see you being able to work it out so that you go to Europe, without getting yourself into hot water with your treatment provider and/or the court.

    An attorney can help you be 100% you're not breaking any rules, and can enjoy your trip to Europe without any problems.

    ***This is NOT legal advice, please consult an attorney for an answer tailored to your situation.***

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