Oregon DUI Diversion Questions & Answers

Should you enter a DUII Diversion (DUI Diversion), plead guilty, or fight the charges in court?

​If this is your first DUI in Portland and you don't have any other DUIs on your record, you probably can enter diversion. Before jumping on the DUI Diversion band wagon you need to know your options. Those options are that: 1) you can fight the charges in court, 2) plead guilty or nolo contender, or 3) enter the DUII Diversion program. Challenging the charges at trial or pleading guilty or nolo contender may be your only options, if you have a DUII conviction on your record.

What is the difference between a DUI and DUII?
DUI (Driving Under the Influence) is what many states call it. In Oregon, it is a DUII (Driving Under the Influence of Intoxicants).

 

What is a DUI Diversion or DUII Diversion?

A DUI Diversion (DUII Diversion) is a way for first-time DUI offenders to avoid a DUI conviction and save thousands of dollars in fines, court fees, and attorney fees. The diversion program was set up to help offenders get treatment and education about the dangers of driving under the influence of intoxicants

Can I enter Diversion if I have prior DUII/DWI/DUI conviction?

​If it has been more than 15 years since you completed all terms of your sentence or diversion, you may qualify for DUI Diversion/DUII Diversion. Read more at the links below to learn more or call 503-512-0483 for a FREE phone consultation. (503) 512-0483

Will a DUI/DUII go on my record if I enter DUII Diversion?

A DUII conviction will not go on your record, if you successfully complete the program. However, the DUII diversion will remain on your record. If you do not successfully complete the DUII Diversion Program, you will be convicted of DUII without a trial and it will go on your record as a conviction. 

Why enter DUI Diversion?​

Save thousands dollars

Avoid risking a DUII conviction

Avoid Reckless Driving conviction (potentially)

Save time

What does my DUI Diversion (DUI Diversion) Attorney do?

Take care of all the court proceedings and legal documentation including:

Arraignment

Contested Hearings, Notices, and Motions 

Petition Document Preparation and Court Appearance (You may not have to show up for this.)

Reckless Driving Set-Over (Reckless driving charges may be dropped.)

Dismissal Petition (At the end of the diversion a petition is filed to ask the court to dismiss the charges.)

DMV Hearing Representation (To challenge a driver's license suspension. You do not have to attend.

Why did I get cited for DUI and Reckless Driving?
Courts have routinely ruled that driving under the influence of intoxicants is also reckless driving. But we can often get that case dismissed too with diversion.

Do you qualify for DUI diversion qualifications?

DUI DIVERSION QUALIFICATIONS (DUI DIVERSION QUALIFICATIONS)

What are the DUI Diversion Qualifications/DUII Diversion Qualifications?​

If this is your first DUI in any state, you may qualify.  

You may qualify under the following rules.

1. You have never been convicted of a felony DUI offense in Oregon or any other place.
2. On the date you sign the petition for a DUI diversion agreement:
    
   1. There is no charge pending against you in Oregon or any other place, except for the DUI charge in this case, for an offense involving operation of a vehicle while:under the influence of alcohol, a controlled substance, an inhalant, or any combination of the three: or having a blood alcohol content above the allowable blood alcohol content;
   2. you are not participating in a DUI diversion program or any similar alcohol or drug rehabilitation program in Oregon or any other place except a program you may have entered as a result of the charge for the present offense of DUI; and there is no charge of an offense pending against you in Oregon or any other place for any degree of aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault that resulted from the operation of a motor vehicle.
   3. During the fifteen (15) years before the date of the presently alleged DUI offense and during the time between the presently alleged DUI offense and the date you sign the petition:
       
      1. You have not been convicted in Oregon or any other place for an offense involving the operation of a vehicle while: under the influence of alcohol, a controlled substance, an inhalant, or any combination of the three: or having a blood alcohol content above the allowable blood alcohol content.
      2. You have not participated in a DUI diversion program or any similar alcohol or drug rehabilitation program in Oregon or any other place; and,
      3. You have not been convicted, in Oregon or any other place, on any charge of an offense in any degree for aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault that resulted from the operation of a motor vehicle. 
3. The DUI offense described in the petition for which you are charged did not involve any deaths or any physical injury to any other person ("physical injury" means impairment of physical condition or substantial pain - ORS 161.015).
4. At the time of the alleged offense, you did not have a commercial driver's license.
5. At the time of the alleged offense, you were not operating a commercial motor vehicle. 

DUI DIVERSION TERMS / DUI DIVERSION TERMS

​

What are the Terms of a DUI Diversion Agreement?​

​The following are the general terms of an Oregon DUI Diversion Agreement.

The Uniform DUI Diversion Petition and Agreement (DUI Diversion Form 1) is your agreement with the court. To have the DUI charge dismissed, you must do all the following:

1. Pay the court the required diversion fees identified. If you cannot afford to pay these fees, tell the judge. The court may waive some of the fees or allow you to make payments over time, depending on your financial situation.
2. Complete an alcohol and drug abuse assessment as directed by the court. You must pay the assessment fee directly to the assessment agency. You must also give the agency accurate and truthful information about your use of drugs and alcohol. The agency will recommend a treatment program if the court finds that you need treatment.
3. Complete the recommended treatment program. You must pay the treatment provider directly. If you cannot pay the cost of treatment, tell the treatment provider. The provider may be able to waive certain costs or allow you to make payments over time.

DUI/DUII DIVERSION ADDITIONAL INFORMATION AND WAIVER OF RIGHTS

The diversion agreement applies only to the DUI charge. Prosecution of the DUI charge will be delayed during the diversion period. If you are charged with other offenses arising from the same incident as the DUI, the other charges will be prosecuted separately. By entering into a diversion agreement, you give up the right to have the DUI charge decided at the same time as your other charges (former jeopardy).

If you have a prior DUI conviction, the Interstate Compact for Adult Offender Supervision rules may prohibit you from leaving the state without permission during the diversion period.

If you successfully complete the diversion agreement, the court may automatically dismiss the DUI charge at the end of one year. If the court does not, you must file a motion at the end of the diversion period asking the court to dismiss the DUI charge.

IF YOU VIOLATE THE DIVERSION TERMS: If the court finds that you violated the terms of the diversion agreement or that you were not eligible for diversion, the court will terminate the diversion agreement. The court may hold a hearing where you can "show cause" why the court should not terminate your diversion. The court will send notice of such hearings by regular mail. If you fail to appear in court, the court can terminate the diversion agreement and may issue a warrant for your arrest.

If the court terminates your diversion agreement or you fail to fulfill the terms of the agreement by the end of the diversion period, the court will sentence you without a trial.

IF YOU FAIL TO COMPLETE THE DIVERSION ON TIME: You may file a motion asking the court to extend the diversion period, but you must file the motion within the last 30 days of your scheduled diversion period. The court may grant an extension if the court finds that you have made a good faith effort to complete the diversion program and that you can complete all remaining conditions within the extension period. The court may grant an extension only once and for not more than 180 days.

GROUNDS FOR TERMINATION: The court will find that you have violated the diversion agreement if the court receives notice, at any time during the diversion period, that you committed the offense of DUI or of the open container laws under ORS 811.170.

IF YOU ARE DENIED ENTRY INTO DUI DIVERSION (DUII DIVERSION): If the court denies the diversion petition, the state cannot use your guilty or no contest plea if the state continues the prosecution.

Will my driver's license be suspended?
DUII/DUI & IMPLIED CONSENT DRIVER'S LICENSE SUSPENSIONS

There are two types of driver's licenses suspensions when charged with DUI/DUII.  They are 1) court ordered and 2) DMV suspensions.
 

DMV SUSPENSTION--IMPLIED CONSENT LAW: 

Click here for the DMV Suspension Guide
DMV suspensions are separate and additional to court order suspensions.  The length of suspension ranges from 90 days to over three years, depending on the circumstances.  
 

Notice by the DMV suspension:
Thirty days after your arrest or citation, the Department of Motor Vehicles (DMV) will suspend your license if you failed or refused the breath test. You must contact DMV regarding this suspension and any application for a hardship permit. If you are convicted of DUII, your driving privileges will be suspended from one or three years or for your lifetime, depending on your driving record.
 

COURT ORDERED SUSPENSION
Court ordered suspensions are in addition to the DMV suspension. These suspensions range from 6 months to permanent. 

How much does a DUI diversion cost?

DUII Diversion Fees
(Note: by successfully completing diversion you will NOT PAY $1,000-$10,000 in fines. People who do not enter diversion and end up with a conviction will have to pay the fine too.)

The defendant must pay the following fees:

1. $490.00 Diversion Fee to the court.
2. Court‐appointed attorney fees paid to the court. (The court may waive all or part of these fees if it finds the defendant is indigent. The court may also allow the defendant to pay in installments over time.)
3. $150 alcohol and drug abuse assessment to the treatment center.
4. Pay for any treatment recommended by the assessment. The cost of treatment varies. If the defendant is unable to pay, the agency or organization providing the treatment may allow payment in installments over time.
5. Pay victim impact panel fee of $50. 
6. Pay for ignition interlock device in any vehicle operated by the defendant (approximately $75-100/month). The defendant must pay to the provider installing the device any costs associated with leasing, installing, and maintaining the device, unless the Department of Transportation finds that the defendant is indigent and waives all or part of these fees. The department may also defer the costs or allow payment in installments over time.

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Email: Hershall@HershallBrownLaw.com

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