DUII Diversion in Oregon: Who Qualifies and What Happens

Oregon's DUII diversion program is a one-time, one-year alternative to a DUII conviction. Eligibility is governed by ORS 813.215. A driver who completes diversion (treatment, an ignition interlock device, fees, and no new alcohol or drug offenses) has the charge dismissed. A driver who fails diversion is convicted on the guilty plea filed at entry.

Who qualifies under ORS 813.215

Diversion is not available to everyone. The statute screens out certain categories of driver and certain categories of case. To be eligible, the petitioner generally must satisfy each of the following:

• No prior DUII conviction or diversion in the past 15 years.
• No commercial driver's license (CDL) at the time of the offense, even if the driver was in a personal vehicle.
• No allegation that the offense involved the death of, or physical injury to, another person.
• No participation in any other diversion or deferred-sentence program at the time of the petition.
• The petition must be filed within 30 days of the first court appearance, unless the court extends the time.

The CDL trap

Drivers who hold a CDL are barred from diversion under ORS 813.215, even if they were driving a personal vehicle on personal time at the time of the arrest. A CDL holder facing DUII should talk to counsel before any plea is entered.

What the program looks like

Diversion lasts one year from entry. During that year, the petitioner is required to complete a substance-use evaluation, complete the recommended treatment program at the petitioner's expense, attend a victim-impact panel, install an ignition interlock device (IID) on every vehicle driven, abstain from alcohol and unlawful drugs, and remain free of new traffic and criminal charges. Filing fees and program fees apply, though limited fee waivers exist for indigent petitioners.

The ignition interlock device

Oregon requires an IID on every vehicle the petitioner drives for the duration of diversion. The device records every breath sample. Missed, failed, or skipped tests are reported to the court and can trigger a violation hearing.

What happens if you fail

Entering diversion requires the petitioner to plead guilty or no contest to the DUII charge. That plea is held by the court and not entered as a conviction unless the petitioner fails. If the State proves a material violation. A positive test, a new DUII, failure to complete treatment, failure to pay. The court terminates diversion and enters the conviction on the original plea. There is no trial after termination; the case proceeds directly to sentencing.

When diversion is the right call

Diversion is the right call when conviction would be the likely outcome at trial and the petitioner can realistically complete a year of monitored sobriety. Diversion is the wrong call when there are real defenses worth litigating (a bad stop, a faulty breath test, a lack of probable cause) or when the petitioner's circumstances (CDL, immigration status, certain professional licenses) make even a held plea dangerous. A Yamhill County DUII case deserves a careful look at both paths before the 30-day window closes.

If you have been arrested for DUII in Yamhill County and want to understand whether diversion is the right path, call our McMinnville office. The first consultation is free and confidential.