Oregon DUII Diversion Program: Eligibility, Costs, and Hidden Requirements

Getting arrested for a Driving Under the Influence of Intoxicants (DUII) in Oregon is a terrifying experience. A conviction can cost you your job, your driver's license, and your freedom. Fortunately, Oregon law provides a lifeline for first-time offenders who want to make things right without ruining their permanent criminal record.

The Oregon DUII Diversion Program is a strict, one-year court-supervised agreement. If you follow all the rules, complete your substance abuse treatment, and stay out of trouble, the court will dismiss the DUII charge. This guide explains the hidden requirements of the program and exactly what you must do to keep your record clean in Oregon.

Step-by-Step Process in Oregon

Whether you were pulled over in Portland, Eugene, or Bend, the rules for the state program are consistent. Diversion is a privilege, not an automatic right, and missing a deadline can ruin your chance to participate.

Step 1: Determining Who is Eligible

Not everyone qualifies for this second chance. Under Or. Rev. Stat. § 813.215, you generally qualify if you have no prior DUII convictions or previous participation in a diversion program within the last 15 years, a statutory qualification standard examined in State v. Wright, 204 Or. App. 724 (OR Court of Appeals 2006). You also cannot participate if you hold a Commercial Driver License (CDL), even if you were driving your personal vehicle at the time of the arrest. Additionally, your current charge must not involve death or serious physical injury to another person.

Step 2: The Timeline to File the Petition

Time is critical. In Oregon, you generally have 30 days from your first court appearance (arraignment) to file your request. You must complete and file the Form 1, Oregon, Circuit Court, Petition and Agreement for DUII Diversion. If you miss this deadline, courts like the Multnomah County Circuit Court, Portland or Washington County Circuit Court, Hillsboro may deny your entry, forcing you to go to trial or plead guilty.

Step 3: Drug and Alcohol Assessment Requirements

Once approved by the judge, you must immediately schedule a substance abuse assessment with an evaluator approved by the Oregon Health Authority, Salem. You cannot pick your own private therapist. The evaluator will determine the level of treatment you need, which typically involves weekly classes for 12 to 16 weeks.

Step 4: What Happens if You Fail a UA or Miss a Class?

During the 12-month program, you must abstain entirely from alcohol and illicit drugs, including marijuana (even though it is legal recreationally in Oregon). Your treatment provider will require random urinalysis (UA) testing. If you fail a UA, skip a treatment session, or get arrested for a new crime, the court will issue an order to show cause. The judge at the Lane County Circuit Court, Eugene can revoke your diversion, enter the guilty plea you signed at the beginning, and sentence you for the DUII.

How Much Does it Cost in Oregon?

The diversion program is heavily fee-based. You are responsible for paying all associated costs to the court and treatment providers.

Visibility and Background Checks

A common misconception is that a diversion completely erases the event. While successful completion prevents a criminal conviction from appearing on your record, the original arrest and the diversion agreement will still be visible to law enforcement and on certain deep background checks. Under Or. Rev. Stat. § 802.200 and Or. Rev. Stat. § 813.230, diversion entries remain a permanent part of your driving record with the Oregon Department of Transportation, Salem, though for employment purposes, you can truthfully state you have not been convicted of a crime.

Frequently Asked Questions (FAQ)