QuickTake:
Evan Stewart entered a no-contest plea on a charge of driving under the influence of intoxicants. The charge will be dismissed if he completes a year-long diversion program.
Evan Fitzgerald Stewart pleaded no contest to DUII and entered a diversion program during an arraignment hearing in Springfield Municipal Court on Wednesday, Nov. 4.
Springfield police had arrested Stewart, a 23-year-old wide receiver on the University of Oregon football team, after a traffic stop at 5 a.m. Oct. 18 on Highway 126 near Mohawk Boulevard.
Police said that the officer suspected driver impairment and began a DUII investigation. Stewart was booked into Springfield Municipal Jail and released later the same day.
At the time of his arrest, Stewart’s driver’s license had been suspended for missing multiple traffic violation court dates, according to Oregon DMV records.
Stewart agreed to enter a one-year diversion program on the misdemeanor DUII charge. A violation of driving while suspended has been dismissed by a motion of the prosecutor, according to court records.
During the hearing, Judge James Tierney asked Stewart if he would like to say anything on his behalf.
“You do not have to say anything, but you’re welcome to if you’d like to,” the judge said, to which Stewart replied, “No, sir.”
In deciding whether to impose an ignition interlock device, the judge asked the prosecutor, Ryan Baker, for additional comment on Stewart’s blood alcohol content. Baker said, “It’s a .04.”
An ignition interlock device is attached to a vehicle’s ignition and prevents the engine from starting if it detects a breath alcohol concentration above a set limit. Stewart’s defense attorney, Bryan Boender, asked the judge not to impose the device “given the low BAC and the statutory requirement.”
Under Oregon law, a judge should require an ignition interlock device for diversion if the individual had a blood alcohol content of 0.08 or more or refused to submit to a test.
Tierney said that because Stewart provided a breath alcohol sample and it was below .08, the court would not order an ignition interlock device.
The judge said Stewart must call Quality Research Associates, which provides alcohol and other drug screening, and “follow through with any alcohol and drug treatment plan.”
Stewart must also attend a victim impact panel, during which victims, first responders and people who have caused a DUII crash share their stories.
Tierney also imposed a $490 court fee.
“If you are successful, the charge will be dismissed,” Tierney said.
Stewart caught four passes for 71 yards in Oregon’s victory over Northwestern this past Saturday, Oct. 31.
Jaime Adame contributed to this report.

