The following is a simplified explanation of the rules and restrictions for getting a DUII diversion in Oregon. A successful diversion means no criminal conviction, so this is a very sought-after program. It comes with certain costs and obligations, which you should discuss with an attorney before deciding whether to participate.
Who Can Get Diversion for Driving Under the Influence (DUII)?
A person can get a diversion program for DUII if they meet all these rules:
Rule 1: No Pending DUII Charges
On the day they ask for diversion, they must not have any other DUII charges pending (waiting to be decided) for:
- Driving under the influence in Oregon (ORS 813.010).
- A similar DUII charge in another state.
- Driving with too much alcohol in their system in another state.
Rule 2: No Past DUII Convictions
They must not have been convicted of DUII in the last 15 years (from the day they committed the current offense to the day they ask for diversion).
Rule 3: No Felony DUII Convictions
They must not have been convicted of a serious (felony) DUII crime under ORS 813.010(5)(a).
Rule 4: Not Already in a Diversion Program
They must not be in a DUII diversion or alcohol/drug rehab program in Oregon or another state on the day they ask for diversion.
Rule 5: No Recent Diversion Programs
They must not have completed a diversion or rehab program in the last 15 years (from the day they committed the current offense to the day they ask for diversion).
Rule 6: No Pending Serious Vehicle Crimes
On the day they ask for diversion, they must not have any pending charges for serious crimes like:
- Causing death or injury while driving (vehicular homicide, manslaughter, assault).
Rule 7: No Past Serious Vehicle Crime Convictions
They must not have been convicted of causing death or injury while driving in the last 15 years.
Rule 8: Not a Commercial Driver
They must not have had a commercial driverās license on the day they committed the offense.
Rule 9: Not Driving a Commercial Vehicle
They must not have been driving a commercial vehicle when they got the DUII.
Rule 10: No Accidents Causing Death or Injury
Their DUII offense must not have caused:
- Death to anyone.
- Physical injury to someone else (not including themselves).
Exceptions to Rule 4 and 5
Even if someone was in a diversion or rehab program recently, they can still qualify for diversion if:
- The program was for the current DUII charge or a charge for underage drinking (ORS 471.430).
- They were ordered into the program by a juvenile court when they were under 18.
- They were ordered into the program because they were the parent or guardian of a child in a juvenile court case.
Second or Later Diversions
A person can get a second or later diversion if they meet all the rules above AND they havenāt been convicted of any other motor vehicle crimes in the last 15 years.