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Oregon DUII Diversion

What OR DUII diversion is, how to qualify, what it accomplishes.

Although Oregon DUII law prohibits prosecutors from entering into plea bargains, the state, in its wisdom, does provide a diversion program under certain circumstances.  If you qualify for OR DUI diversion, enter the program, and successfully complete it, your DUII charges will ultimately be dismissed.

Do I Qualify For An Oregon DUII Diversion?

You are likely eligible if:

  1. You don’t have any other DUI cases pending; and
  2. You don’t have any DUI convictions in the 10 years leading up to your arrest, and you still don’t have any DUI convictions on the date your petition is filed; and
  3. You are not currently participating in any other diversion program; and
  4. You haven’t participated in any diversion program in 15 years before your arrest, and you still haven’t done so on the date your Oregon DUII diversion petition is filed; and
  5. You have been charged with vehicular murder, vehicular manslaughter, criminally negligent vehicular homicide or assault as of the date your petition is filed; and
  6. You have no conviction for vehicular murder, vehicular manslaughter, criminally negligent vehicular homicide or assault for 10 years prior to your Oregon DUII arrest, and still have none on the date your petition is filed; and
  7. You were not a commercial drivers’ license holder at the time of your arrest; and
  8. You weren’t driving a commercial vehicle at the time of your arrest; and
  9. You didn’t kill or seriously hurt anybody as a result of the present DUII; and
  10. You have no felony DUI convictions anywhere.

The prosecution may object to you entering into a DUII diversio even if you meet the above criteria if you have multpile historical DUI convictions that are older than 10 years ago, or if you had a child in the car at the time of your arrest.

What do I need to do to get accepted into an Oregon DUII diversion program?

  1. Get and alcohol or drug evaluation to see if you have a problem;
  2. Complete the recommended treatment;
  3. Attend a DUI victim impact panel;
  4. Pay some fees and costs;
  5. Don’t drink and drive for a year.

Will I have a DUI on my record if I do the diversion?

Not if you successfully complete the whole thing. When you are done, the case is dismissed.

Will a diversion create a permanent record?

Unfortunately, yes.

What if I got my DUII in Oregon, but live in another state or country… can I still do the program?

Yes, as long as you can arrange the logistics, and the course of treatment is acceptable to Oregon.

Will an Oregon DUII diversion save my privilege to drive?

Not necessarily. If you face a license suspension under Oregon’s Implied Consent Statute, then you must separately request and win that hearing in order to avoid losing your license.