To be eligible for DUII diversion in Oregon, you must meet all the following conditions:
- No Prior Felony DUII Convictions: You are not eligible for DUII Diversion if you have been convicted of a felony DUII in Oregon or any other state – no matter how long ago.
- No pending charges:
- You have no other pending charges in Oregon or any other state for Driving Under the Influence;
- You are not currently enrolled in a DUII diversion or similar rehabilitation program, except for a minor in possession charge.
- You have no pending charges for vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault from operating a vehicle.
- No DUII charges or treatment in the past 15 Years: In the 15 years before the current DUII arrest:
- You have no convictions for driving under the influence;
- You haven’t participated in any DUII diversion or similar court ordered rehabilitation programs, except for a minor in possession charge.
- You have no convictions for vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault involving a vehicle.
- If you have a prior completed diversion, you have no other vehicle-related criminal convictions.
- No death or injury (even minor injury): The DUII offense did not involve any deaths or physical injuries to others.
- Commercial Driving Status: At the time of the offense, you did not hold commercial driving privileges and were not operating a commercial motor vehicle.
If all these conditions are true, you are likely eligible for diversion. However, the District Attorney’s Office may still object to diversion in some cases, such as if there was a child in the car at the time of the DUII arrest or if you have old DUII convictions. Refer to ORS 813.220 for more details.