Oregon DUII Diversion Program

Summary:

Oregon’s DUII Diversion Program offers first-time offenders an alternative to traditional prosecution, affecting drivers, families, and employers statewide. Participation allows defendants to avoid a criminal conviction by completing treatment and other requirements, but strict eligibility criteria and tight deadlines apply. The program uniquely impacts long-term consequences—reducing license suspensions, insurance hikes, and employment barriers—but hinges on navigating Oregon’s complex DUII statutes (ORS 813.200–813.270) and administrative DMV procedures. Key challenges include maintaining eligibility if new offenses occur during the diversion period and understanding irreversible consequences of program failure.

What This Means for You:

• Immediate Action: Request a DMV implied consent hearing within 10 days of arrest (ORS 813.410) to contest license suspension. Simultaneously, file diversion paperwork with the court before your first arraignment date—missing either deadline forfeits eligibility.
• Legal Risks: A diversion revocation reinstates original charges with mandatory minimums: 48hrs-1yr jail, $1,000-$6,250 fines, and 1-3-year license suspension. Prior diversion disqualifies you permanently under ORS 813.215(1)(d). Aggravating factors (BAC ≥0.15%, crashes, or minor passengers) may preclude eligibility.
• Financial Impact: Expect $490 diversion fee, $287 license reinstatement fee, $300+ for alcohol evaluation, $1,200+ for treatment, $130/month interlock device lease, and 60-220% auto insurance increases for 3-10 years.
• Long-Term Strategy: Complete all diversion requirements early to petition the court for record expungement after 10 years (ORS 137.225). Mitigate employment impacts by proactively addressing license restrictions through Oregon DMV’s hardship permit options (ORS 807.240).

Explained: Oregon DUII Diversion Program

Under ORS 813.200, Oregon’s DUII Diversion Program permits first-time offenders charged with misdemeanor Driving Under the Influence of Intoxicants (DUII) to avoid conviction through court-supervised rehabilitation. Unlike federal pretrial diversion, Oregon’s program requires a no contest plea before admission. Successful completion results in dismissal, while failure reinstates charges with no plea withdrawals allowed. Eligibility requires BAC below 0.15%, no commercial driver’s license (CDL), and no injury-causing accidents. Note: Diversion does not prevent mandatory 30-day license suspensions through DMV’s administrative process.

Types of DUII Offenses:

Diversion applies only to standard first-time misdemeanor DUII (ORS 813.010). Excluded offenses include Felony DUII (three priors in 10 years), DUII with Injury (ORS 813.030), and Commercial DUII (ORS 813.215(1)(c)). “Physical control” DUII—where the driver is in the vehicle but not driving—still qualifies if BAC stays under 0.15%. Underage DUII (BAC 0.00%-0.07% for under 21) is not diversion-eligible and incurs separate penalties under Oregon’s Zero Tolerance Law (ORS 813.135).

Common Defenses for DUII:

Key defenses include challenging reasonable suspicion for the traffic stop (State v. Thomas) or warrantless blood draws violating State v. Machuca. Breathalyzer results face attack via maintenance record gaps (OAR 257-030-0075) or operator certification lapses. Medical conditions like GERD may create “mouth alcohol” inaccuracies in Intoxylizer 9000 tests. In refusal cases, argue officers failed to provide Oregon’s verbatim implied consent warnings (ORS 813.100).

Penalties and Consequences of DUII Offenses:

Diversion penalties: 1-year treatment program, victim impact panel ($25-$75), 1-year license suspension (reducible to 90 days with interlock), and $490 fee. Non-diversion penalties escalate from Class A misdemeanor (0-364 days jail) to Class C felony (up to 5 years prison). Mandatory minimums apply: 48 hours jail/80hrs community service for 1st offense; 16 days jail for BAC ≥0.15%. Collateral consequences include 5-year SR-22 insurance filings, professional license revocations (e.g., medical/nursing boards), and firearm ownership restrictions under ORS 166.250.

The DUII Legal Process:

1. Arrest & DMV Hearing: License suspended 30 days post-arrest unless hearing requested within 10 days. Hearing arguments focus on probable cause and BAC validity.
2. Arraignment: File diversion application with court within 30 days of arraignment (ORS 813.220).
3. Diversion Terms: Judge approves agreement requiring treatment completion within 12 months. Non-compliance triggers conviction.
4. Dismissal: Final hearing after program completion; record remains public until expungement eligibility at 10 years.

Choosing a DUII Attorney:

Select Oregon State Bar DUII Specialist certified attorneys (OSB listings) familiar with local protocols. Multnomah County courts prioritize treatment over jail, while rural counties (e.g., Malheur) are stricter. Demand attorneys with Intoxylizer 9000 training and negotiated diversion approval rates exceeding 90%. Flat-fee structures ($2,500-$5,000) are common; avoid lawyers charging hourly for routine DUII cases.

Other DUII Resources:

• Oregon DUII Interlock Program Provider List
• Oregon DMV License Suspension Calculator

People Also Ask:

1. Can I get diversion for a second DUII in Oregon?

No. Oregon law (ORS 813.215) excludes drivers with any prior DUII conviction or diversion within 15 years. Multiple diversions are permanently prohibited regardless of timeframe.

2. Does diversion remove DUII from my record?

Case dismissal post-diversion leaves arrest and diversion completion public until expungement. Records are sealed only after expungement petitions filed 10 years post-case closure under ORS 137.225.

3. What happens if I refuse breathalyzer but apply for diversion?

Refusal triggers 1-year license suspension under DMV administrative rules (OAR 735-070-0076), separate from court-ordered suspension. Diversion still requires 1-year interlock installation, a $287 reinstatement fee, and SR-22 filing.

4. Can out-of-state drivers use Oregon’s diversion?

Non-residents may participate (ORS 813.215(1)), but 93-day Oregon license suspension applies. Compliance doesn’t prevent home state from imposing additional penalties under interstate Driver License Compact rules.

5. Are DUII diversion fees tax-deductible?

Treatment program costs qualify as medical deductions if exceeding 7.5% of AGI (IRS Pub 502), but court fees and victim panel payments do not.

Expert Opinion:

Timely legal intervention dramatically impacts diversion eligibility and long-term consequences. Early attorney involvement often secures dismissal of elevated BAC or refusal charges, preserves driving privileges, and prevents collateral damage to employment. Misunderstanding diversion’s binding plea terms risks irreversible felony exposure upon non-compliance.

Key Terms:

• Oregon DUII diversion program eligibility requirements
• First-time DUI diversion attorney Portland Oregon
• Cost of Oregon DUII diversion with interlock device
• How to expunge Oregon DUII diversion record
• ORS 813.200 diversion plea agreement consequences

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