Can I drink while in diversion?

It used to be that you could consume intoxicants, while in diversion, as long as you did not use such intoxicants in conjunction with the operation of a motor vehicle. However, the Oregon legislature changed the statute on diversion in June 2011. As of June 23, 2011, anyone entering into the diversion program must agree, upon filing a petition with the court to enter into diversion, not to use intoxicants during the diversion period.

The legislature did, however, make exceptions for consumption of sacramental wine as part of a religious rite or service, if the person has a valid prescription for a substance qualifying as an intoxicant and uses such substance as prescribed, or the person is using a nonprescription drug in accordance with the directions for use that are printed on the label for that nonprescription drug.

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
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