The DUII Diversion program is often a real option for avoiding a conviction for DUII in the State of Oregon.  DUII Diversion eligibility requirements have changed over time.  You are likely eligible for diversion under the 2015 version of the law if you can meet the DUII Diversion eligibility requirements/criteria listed below:

(1) You have no charge of a DUII or similar charge in any other jurisdiction, other than the charge for the present DUII offense, pending on the date you file the DUII diversion petition in the court;

(2) You have not been convicted of an offense described in paragraph (1) during the period beginning 15 years before the date of the of the commission of the present DUII offense and ending on the date you file the petition for a DUII diversion petition/agreement with the court;

(3) You are not participating in a DUII diversion program or in any similar alcohol or drug rehabilitation program, other than one entered into as a result of the charge for the present offense, in this state or in any other jurisdiction on the date you file the petition for a DUII diversion petition/agreement;

(4) You did not participate in a diversion or court ordered drug or alcohol rehabilitation program described in paragraph (3), other than a program entered as a result of the charge for the present DUII offense, within the period beginning 15 years before the date of the commission of the present offense and ending on the date you file the petition for a DUII diversion.  Note:  This does not include treatment related to Minor in Possession (MIP) and/or possession of less than one ounce of marijuana diversions and related treatment.  These will generally not keep a person otherwise eligible for participation in the DUII Diversion program from participating; 

(5) You have no charge of an offense of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in Oregon or in any other jurisdiction on the date you file the petition for a DUII diversion;

(6) You have not been convicted of an offense described in paragraph (5) within the period beginning 15 years before the date of the commission of the present offense and ending on the date you file the petition for a DUII diversion;

(7) You did not have a valid commercial driver license at the time of the commission of the present offense;

(8) You were not operating a commercial motor vehicle at the time of the offense;

(9) The present DUII offense did not involve an accident resulting in death or physical injury to any person other than yourself; and

(10) You have not been convicted of a felony DUII in Oregon or anywhere else at anytime in the past. 

Even if you meet the above criteria, DUII is not a right.  The court can nevertheless deny a petition to enter into the DUII Diversion Program.  Occasionally, the State/DA will object too for various reasons.  But, this is rare. 

To find out if you are eligible for the DUII Diversion Program in Oregon please contact attorney Tim Elliott at (541) 647-1408.  He will also be able to advise you on what the requirements of participation and completion are, and the time limits for entering into the DUII Diversion Program following the commission of a DUII.  These are limited!  An attorney can help.