DUII Diversion Eligibility

Being caught driving under the influence of intoxicants (DUII) can put you in a very compromising situation: this offence can put a red mark on your records that can haunt you for a very long time. Fortunately, in the state of Oregon there is an option to enroll in a Diversion Program. Because a DUII is considered as a Class A misdemeanor offence, choosing the Diversion Program instead of fines, possible suspension, jail time, community work or other assessments would be a better and more rewarding option.

A DUII Diversion is an option that can get DUII offenders the chance to have their case dismissed through successfully completing the program requirements. It should be noted that this option is only available for first time offenders, and not everyone can avail of this option. In order to participate in the program, the necessary requirements are complete, you have appeared on the scheduled first date on court (or if the court finds an acceptable excuse for your absence), and you have filed the petition with the court within thirty (30) days after the first court appearance. To qualify for the Diversion Program, these requirements should be met:

  1. You have never had any conviction on a DUII arrest in Oregon or any other places.
  2. You are not in any DUII Diversion Program or any alcohol or drug rehabilitation program in Oregon or any other place.
  3. All the requirements in the Petitioner Sworn Statement on Eligibility are met.
  4. You have not given any “guilty” plea or “no contest” to the present DUII charges, or if there has already been a “guilty” plea, the trial has not yet begun.
  5. You have a clean, 15-year record devoid of any vehicular charges (including, but not limited to negligent assault or manslaughter).

The Oregon Diversion Program is not easy: it takes a lot of work to complete the program and have the case dismissed. Pleading guilty is necessary in order to enter the Diversion Program, therefore not being able to complete it can have repercussions: some people think all the effort is worth it while some don’t. It takes about a year to complete the program, and then the case will be dismissed.