What Is Oregon's DUII Diversion Program?


Have you been charged with a DUII? There's hope: the Oregon DUII diversion program.

The single most important benefit of Oregon’s DUII diversion program is that it spares you from having a conviction on your record. A conviction that can never be expunged. If you complete the requirements of the yearlong program, the court will dismiss the DUII charge.

This post will walk you through what it takes to qualify for Oregon’s diversion program, what you have to do, and how to enroll in it. (For free advice on your specific DUII case, contact me.)

Charlie’s Case

Let’s use an example. “Charlie” is a hypothetical 25-year-old guy who’s just gotten charged with his first DUII. He was driving home in NE Portland after Friday night poker with some friends. A cop pulled him over for rolling through a stop sign and gave Charlie a breathalyzer test. His alcohol level came back at .10. Charlie spent an anxious night in jail kicking himself and worrying about his options.

The next day, Charlie’s brother gave him the name of a good Portland DUII lawyer. (If you’re interested in the diversion program, call me or another experienced Portland DUII lawyer. I can tell you what to do.) The lawyer told Charlie he could avoid a DUII conviction if he qualified for Oregon’s diversion program.

Oregon’s DUII Diversion Program Requirements

To be eligible for Oregon’s DUII Diversion Program, you have to meet all these criteria:

  1. This is your first DUI/DUII in 15 years (or you’ve never had one)

  2. You’ve never been convicted of a DUII felony in any state in the last 15 years

  3. You aren’t going through a DUI/DUII diversion program in another state

  4. You haven’t gone through a DUI/DUII diversion program in 15 years (or you never have)

  5. In the past 15 years, you’ve never been charged with aggravated vehicular homicide or driving-related murder, manslaughter, criminally negligent homicide, or assault (and you don’t have any of those charges pending in any state)

  6. You didn’t have a commercial driver’s license at the time of the DUII, nor were you driving a commercial vehicle

  7. Your DUII did not harm or kill anyone

This is Charlie’s first DUII, and the only things on his record are a few speeding tickets, so he is eligible for Oregon’s diversion program.

What happens next? Charlie’s DUI lawyer told him he would need to plead guilty or no contest to the DUII charge, as well as file a petition to enter the diversion program. (The DA’s office might object to your request to enter the diversion program in some cases, such as if there were children in the car when you were pulled over. If that happens, I can help you challenge the objection.)

Photo: Clyde Robinson

The Details of Oregon’s DUII Diversion Program

Charlie and his attorney went to court and pled guilty. The court approved his petition to enter diversion. What will be required by the program? Here are the details:

  • He will have to pay a court fee of $490

  • He will go to a mandatory substance evaluation

  • Depending on how the evaluation goes, he will have to attend alcohol treatment sessions for 90 days to one year

  • He can’t drink while you’re in the alcohol treatment program, with occasional urinalysis tests

  • An ignition interlock device (IID) will be on his car for a year

  • He will have to go to a victim impact treatment session and hear the story of someone affected by a DUII

That wasn’t exactly how Charlie had thought his year would turn out, but he if he complies with all the terms and conditions, he won’t have to dread employers and apartment managers asking if he’s ever been convicted of a crime. “Just make sure you make all your payments and go to all the treatment sessions,” his lawyer said. “That’s the main reason people fail the diversion program -- missing a session or not making all your payments.”

If you or a friend is in Charlie’s shoes, I can help you navigate the diversion program. Call me at (503) 227-3800 or send me a confidential message.