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Oregon DUII Diversion Program

Oregon DUII Diversion Eligibility

If you have been charged with a DUII in Oregon, especially if it is your first time, there is a possibility that you may be able to enter the DUII Diversion Program. The successful completion of the program will result in the dismissal of your DUII charge, avoiding mandatory penalties such as jail time, fines, and license suspension.

If any of the following applies to you, you are ineligible for the Oregon DUII Diversion Program:

  • Presently have pending DUII/DUI charges from a previous instance

  • Currently participating in a DUII Diversion Program in Oregon or in another state

  • Have been convicted of a DUI/DUII within the last 15 years

  • Participated in a DUII diversion program or similar program within the past 15 years

  • Possessed a commercial permit or were operating a commercial vehicle during the current DUII arrest

  • Were ever convicted of a felony DUII (four DUIIs in a ten-year span)

  • Prior DUII offenses or convictions within the past 15 years

  • Have an existing vehicle offense involving substances in Oregon or elsewhere

  • Allegations of fatality or physical injury to any person in connection with the DUII offense

  • Charges or convictions of aggravated vehicular homicide, murder, manslaughter, negligent homicide, or assault related to driving a vehicle within the past 15 years

If you are eligible and decide to employ the diversion program, you sign into a year-long arrangement with the court to:

  • Accomplish the entirety of a substance abuse regimen

  • Show up to a victim impact treatment session

  • Abstain from using alcohol and illegal drugs

  • Institute and care for an IID while completing the diversion program

Oregon's DUII Diversion Program Requirements

If you are eligible for the DUII Diversion Program, there are certain steps that need to be taken. This includes the DUII Victim Impact Panel, an alcohol and/or drug evaluation, completion of any recommended alcohol and/or drug treatment, pay all fines and court fees, and finish any other court-ordered requirements, such as alcohol monitoring.

The DUII Victim Impact Panel is conducted once a month, typically on the last Wednesday of the month, starting at 6 PM. You must enter a guilty or no contest plea in order to be considered for the diversion program. Instead of immediately submitting your plea, the judge allows you a full year to complete the diversion requirements. Within 30 days of your first court appearance, you must file a petition to request diversion. You must also:

  • Submit a $490 fee, restitution (if applicable), and attorney fees
  • Submit $150 to complete an alcohol and drug abuse evaluation
  • Pay for and endure the prescribed treatment program
  • Pay for ($5-$50) and complete a single-day victim impact panel (VIP)
  • Not have exposure to intoxicants, which counts alcohol and cannabis, while you are completing the diversion program
  • Provide your current mailing address to the court
  • Institute, pay for, and maintain an ignition interlock device (IID) in any vehicle you plan to drive during the diversion arrangement

Assistance with the DUII Diversion Process

At Baxter Harder, we are committed to assisting you with the required paperwork and ensure everything is in order for your alcohol and/or drug evaluation. Let our legal team help you get back on the right track and headed towards successful completion of the DUII Diversion Program.

Contact us at (541) 238-9210 and request a free consultation today to discuss your options regarding the DUII diversion program.

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Recent Victories

Because Results Matter
  • Case dismissed following Motion to Suppress Evid DUII & Refusal to Take Test for Intoxicants
  • Dismissal of all felony counts Felony Assault, Felony Criminal Mistreatment, Harassment
  • Case dismissed Multiple counts of theft
  • Case dismissed Theft
  • Declined / Refused by District Attorney Felony Domestic Violence (Assault & Strangulation)
  • Dismissed Failure to Perform the Duties of a Driver
  • Plea to one offense Criminal; Sodomy in the Second Degree; Sexual Abuse in the Second Degree; Sexual Abuse in the Third Degree; Encouraging the Sexual Delinquency of a Minor
  • Deferred sentencing Criminal; Failure to Perform the Duties of a Driver (Hit & Run)
  • Case Refused / Declined by DA Assault IV plus DHS Investigation
  • Acquitted/ Jury Trial DUII
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