Can you travel out of country while on your DUI Diversion program?

Asked about 2 years ago - Hillsboro, OR

I have a travelling job...and might need to travel internationally

Attorney answers (2)

  1. Richard E Oberdorfer

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . It depends -- what does your Release Agreement say? If it says, "no leaving state without permission," then you need to get permission. Some attorneys (I'm pretty much in this camp) take the position that your Diversion Contract trumps or supersedes your release agreement, because it is a comprehensive settlement of your case (of course, that argument works less well when you have other charges, like Reckless Driving). The Diversion Agreement doesn't say no out-of-state or out-of-country travel, but it does say you must keep the court apprised of your address. That's important, because if the court decides to try to revoke your diversion agreement, it does so by notice sent first-class mail, without about 2 weeks lead-time. And if you don't appear at the hearing two weeks later, you're kicked out of diversion automatically for FTA (Failure to Appear). So most travelers with a good lawyer know to either (a) update their address with the court/ to their overseas address or (b) advise the house-sitter to check the mail religiously, and fax/scan/email any court notice to your attorney, or, occasionally, (c) change your "mailing address" to your attorney's firm's address.

  2. Shannon Iris Wilson

    Contributor Level 7

    3

    Lawyers agree

    Answered . I agree with the answer provided above. I would add that you should be careful when traveling out of the country while in the diversion program because you could potentially run into problems with an immigration officer. In one case, diversion participant was required to provide the immigration officer with a copy of the police report and a copy of the court diversion paperwork before they were allowed to re-enter The States. While diversion is unlikely to effect your admissibility back into The States, it could potentially pose problems or create barriers when trying to re-enter. There is a possibility of a "hold" when trying to re-enter The States depending on where you are in the diversion program, immigration status, and what shows up on the immigration officer's screen after they run their checks. I suggest you speak with a defense lawyer who is familiar with immigration/ admissibility issues before you decide to leave the country.

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