DUII: Avoiding a Conviction Through Diversion

Oregon law says that Driving Under the Influence of Intoxicants DUII- is a Class ‘A’ misdemeanor. The maximum penalty is 1 year in county jail and a $6250 fine. DUII can be a considered a felony if you are convicted of four DUII offenses in a 10 year period. If this happens, you will be sentenced to the state penitentiary.

If you are a first time DUII offender, however, you may be offered ‘diversion’. Diversion is a program established by law that allows a person who is a first time DUII offender to avoid a conviction upon completion of certain requirements established by the court.

Generally, a person may be eligible for the Oregon DUII Diversion program if (1) in the last 15 years they have not had a prior DUII conviction, a prior DUII or drug diversion, a prior court ordered drug or alcohol treatment; and (2) the present incident did not involved a collision where someone other than the defendant was killed or injured.

Keep in mind that entry into DUII diversion does not affect any license suspension that may have been imposed for a breath or blood test failure or refusal. A challenge to this suspension must be done in a separate proceeding. Also entry into diversion does not affect other criminal charges, such as reckless driving. In other words, if you’re charged with another crime as well as a DUII you will not be able to enter diversion on the other criminal charge. Diversion is available only on the DUII charge.

There are no fines associated with Oregon DUII diversion. However, there are a number of fees that are required for completion of the program. Participants can expect to pay:

• $450 in fees to the court;
• $150 for the alcohol evaluation;
• $50 or less for the victims impact treatment session;
• Fees for each of the alcohol / drug treatment classes.

The treatment fees will vary depending on the provider you select and the length of treatment that you are required to complete.

Also know that a DUII diversion will go on your Oregon driving (DMV) record as a diversion. Oregon does not use a point system so points are not assessed. In the State of Oregon, DUII diversions, and DUII convictions cannot be expunged or sealed.