DUII Diversion Program Oregon: Requirements, Eligibility, and Timeline

Oregon's DUII diversion program is the main reason first-time offenders avoid a permanent misdemeanor conviction on their record. But the program comes with strict eligibility rules, a 30-day filing deadline that starts ticking at your first court appearance, and a year of court-ordered conditions that trip up a surprising number of participants. Here's exactly how it works under ORS 813.200.

How Oregon's Diversion Program Works

When a judge grants your diversion petition, the court accepts your conditional guilty or no-contest plea but holds the case in abeyance — no conviction is entered. You then have exactly one year to complete every program requirement. If you finish everything, you (or your attorney) file a motion to dismiss, and the DUII charge goes away entirely.

That dismissal is not automatic. Unless your county's local rules provide an automatic process, someone has to file the motion and attach proof of completion. Miss that step, and the case just sits there.

Eligibility: Who Qualifies and Who Doesn't

Under ORS 813.215, the court cannot grant diversion if any of these apply:

• Prior DUII within 15 years. Any conviction, diversion participation, similar program, or Implied Consent suspension in Oregon or another state within the 15 years before your current offense date disqualifies you. One exception: an out-of-state conviction based solely on a person under 21 having a BAC below 0.08% does not count.
• CDL or commercial vehicle. If you held a Commercial Driver License or Commercial Learner Permit at the time of the offense — even if you were driving your personal car — you cannot enter diversion. Federal motor carrier rules make this absolute.
• Injury or death. If the incident involved physical injury or death to any person other than you, diversion is off the table. The prosecution will typically add companion charges like assault or reckless endangering.
• Pending serious charges. Open charges for aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault from a motor vehicle in any jurisdiction block your petition.

If none of those apply, you may meet the listed diversion criteria; confirm your eligibility under ORS 813.215. The court advises eligible defendants of diversion at your arraignment.

The 30-Day Petition Deadline

You must file a written Petition and Agreement for DUII Diversion within 30 days of your first court appearance. The Oregon Judicial Department publishes a statewide Form 4 for this, available at courts.oregon.gov. Late filings are only accepted if the court finds good cause — don't count on that exception.

At the time of filing, you enter your conditional plea. This is worth understanding clearly: you are pleading guilty or no contest, but the court withholds judgment. If you complete diversion, the plea is withdrawn and the charge is dismissed. If you fail, that plea converts immediately into a conviction without a trial.

Program Requirements (the Full Year)

Once enrolled, you must complete all of the following during your 12-month diversion period:

ADSS Screening ($150). Within the first 5–10 days of entry, you complete a diagnostic screening with an Oregon Alcohol and Other Drug Screening Specialist. This assessment determines whether you need education-level or rehabilitation-level treatment.

Treatment. Based on your ADSS results, you'll be referred to a certified OHA treatment provider. Low-risk participants typically complete 12 hours of DUII Education over four weeks ($500–$750). Higher-risk assessments trigger DUII Rehabilitation — structured outpatient treatment lasting 12+ weeks with counseling and regular urinalysis ($2,000+).

Victim Impact Panel ($25–$50). A one-time, two-hour session about the real-world consequences of impaired driving. Some counties only accept cash at the door.

Ignition Interlock Device. You must install and maintain an approved IID on any vehicle you operate for the full diversion period. Monthly lease and calibration fees run $70–$85. If you receive SNAP benefits, Oregon's OHA Indigent IID Program waives all installation, lease, calibration, and removal fees — bring a current SNAP verification letter dated within the same month.

Total abstinence. Zero alcohol, recreational cannabis, and non-prescribed controlled substances for the entire year. Compliance is verified through random urinalysis and IID data downloads.

$490 filing fee. Most courts allow payment plans for eligible defendants.

What Happens If You Fail Diversion

A violation — positive urinalysis, missed treatment, failed IID test, new traffic offense — triggers a show-cause hearing. If the judge finds you violated the agreement, diversion is terminated on the spot. Because you already entered a conditional plea, the court immediately enters a judgment of conviction. You then face first-offense DUII sentencing: minimum $1,000 fine, 48 hours in jail (or 80 hours of community service), and a one-year court-ordered license suspension that runs separately from any DMV administrative suspension.

Early IID Removal (ORS 813.645)

There is an incentive for prompt compliance. If you install the IID within the first five months of your diversion period, you can apply for early removal after six consecutive months of zero violations and completion of the mandated treatment program or documented good standing with your provider. Your attorney files a motion to vacate the IID requirement, attaching a certified "6-month no negative report" from the vendor and proof of treatment completion or documented good standing. Expect two to six weeks for judicial review.

If you delay installation past month five, the device must stay on until either the end of diversion or 90 days after installation — whichever is longer.

Diversion Does Not Fix Your License

This is the point that catches most people off guard. Successfully completing diversion dismisses the criminal charge, but it has zero effect on your administrative DMV license suspension. If you failed a breath test, the DMV imposed a 90-day suspension through the Implied Consent process. If you refused, it's a one-year suspension. Those suspensions are civil actions, completely independent of the court. You must resolve your DMV suspension separately through hardship permits, SR-22 insurance, and the formal reinstatement process.

For a complete breakdown of both tracks — criminal court and DMV administrative — with deadlines, costs, and step-by-step filing instructions, the Oregon First-Offense DUI Guide maps the full dual-track process in one place.

Frequently Asked Questions

Does completing diversion erase the arrest from my record?

No. Diversion dismisses the criminal charge, but the arrest record remains. The DMV also retains a record of your diversion participation, which counts against you if you're arrested for DUII again within 15 years. Oregon does allow expungement of dismissed charges after a waiting period, but that's a separate petition.

Can I enter diversion if I refused the breath test?

Yes, as long as you meet the eligibility criteria under ORS 813.215. The refusal triggers harsher administrative penalties (a one-year suspension instead of 90 days), but it does not disqualify you from the criminal diversion program. These are separate legal tracks.

What if I can't afford the treatment and IID costs?

Several relief options exist. Courts can set up payment plans for the $490 filing fee. The OHA Indigent IID Program waives all interlock costs for SNAP recipients. The OJD Fee Deferral and Waiver Application can reduce court assessments for low-income defendants. Treatment providers certified by OHA also commonly offer sliding-scale fees.

How long does diversion take from start to finish?

The diversion period itself is exactly one year. From arrest to final dismissal, add the pre-entry court timeline and any court processing required after completion.

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