Driving Under the Influence of Intoxicants (DUII): Diversion Eligibility in Oregon

1. No Pending DUII Charges: The defendant has no other pending charges for DUII (alcohol, drugs, or a combination) in Oregon or another jurisdiction.
2. No Recent DUII Convictions: The defendant has not been convicted of any DUII-related offenses (including alcohol, cannabis, or controlled substances) within 15 years before the current offense.
3. No Felony DUII Convictions: The defendant has not been convicted of a felony DUII offense.
4. Not Currently in a Diversion Program: The defendant is not currently participating in a diversion or rehabilitation program for DUII or a similar program for alcohol/drug use.
5. No Serious Prior Offenses: The defendant has not been convicted of serious offenses such as aggravated vehicular homicide, manslaughter, or assault resulting from vehicle operation.
6. No Commercial Driver Status: The defendant was not a commercial driver or operating a commercial motor vehicle at the time of the offense.
7. No Serious Accidents: The current DUII offense did not result in the death or physical injury to anyone other than the defendant.

If the defendant is applying for second or subsequent diversion, they must meet all the above criteria and have no other motor vehicle-related criminal offenses in the past 15 years.

Additional Requirements

1. You must meet all the requirements above;
2. You must appear in court on the date scheduled for your first appearance on the charge (unless the court finds good cause to excuse your failure to appear); and
3. You file the Petition and Agreement with the court within 30 days of your first appearance with the court (unless again, the court finds good cause to allow a later date)

Agreement with the Court

• Pay the required diversion fees
• Pay restitution
• Complete an alcohol and drug abuse assessment
• Complete the recommended treatment program
• Attend a Victim Impact Panel
• Do not use any alcohol or intoxicant
• Keep the court advised of your current mailing address
• Install and use an approved ignition interlock device (IID)

Having an experienced Oregon criminal defense attorney on your side can significantly impact the outcome of your case, including determine your eligibility for diversion and guide you through the process.

Contact us today for a free consultation at 541-508-4716.