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The DUII Diversion Program in Oregon

The Oregon DUI diversion program allows eligible individuals to avoid a DUI conviction (and the numerous accompanying sentencing penalties) if they are able to complete the program requirements.  If successfully completed, diversion results in the dismissal of the DUI charge at the end of one year.  However, if you are terminated from diversion for any reason, a DUI conviction and sentence is automatic.

In order to be eligible for the Oregon DUI diversion program you must have no prior DUI convictions or prior DUI / drug diversions in the past 15 years.  See the complete eligibility requirements at the right.

David Lesh, a former Oregon DUI prosecutor, provides affordable legal assistance to persons seeking to enter the DUI diversion program in Oregon.  Mr. Lesh can:

• Answer questions about your tickets; the court process; license suspension appeals; hardship permits; ignition interlock devices; and treatment providers.   

• Represent you in an appeal of your implied consent license suspension (the suspension you face for failing or refusing a breath or blood test). 

• Appear with you for all court appearances [in some counties a retained attorney can waive your first appearance altogether].

• Assist you with completing the diversion paperwork (petition, affidavit of eligibility, and petition to enter a plea of guilty or no contest).

• Assist you in entering your plea;

• Defend you against additional charges you face, if any; and

• Give you important tips on successfully completing the program so you can avoid mistakes which could result in failing diversion and ending up with a DUI conviction;

• Filing the motion to dismiss your DUII at the conclusion of the year long diversion program.

Give David Lesh a call today at 503.546.2928 if you would like assistance with your pending DUII charge or implied consent license suspension.

There is no charge for the initial consultation. 

Questions and Answers

Question:  How do I know if I am eligible for the Oregon DUII diversion program?

Answer:  Generally, a person may be eligible for the Oregon DUI Diversion program if (1) in the last 15 years they have not had a prior DUII conviction, a prior DUII or drug diversion, or 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.  

More specifically, a defendant is eligible for DUI diversion if:

(1) The defendant has no DUII or similar charge in any jurisdiction, other than the present offense, pending on the date the defendant filed the petition for a DUII diversion agreement;

(2) The defendant has not been convicted of a DUII or similar offense within the past 15 years;

(3) The defendant was not participating in a DUII diversion program or in any similar alcohol or drug rehabilitation program, other than a program entered into as a result of the charge for the present offense, in Oregon or elsewhere on the date the defendant filed the petition for a DUII diversion agreement;

(4) The defendant did not participate in a diversion or rehabilitation program described in paragraph (3), other than a program entered into as a result of the charge for the present offense, within the past 15 years; 

(5) The defendant had no charge of an offense of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in any other jurisdiction on the date the defendant filed the petition for a DUII diversion agreement;

(6) The defendant has not been convicted of an offense described in paragraph (5) within the past 15 years;

(7) The defendant did not hold a CDL at the time of the offense;

(8) The defendant was not operating a commercial motor vehicle at the time of the offense; and

(9) The present DUII offense did not involve an accident resulting in:

(a) Death of any person other than the defendant; or

(b) Physical injury to any person other than the defendant

(10) The defendant does not have a prior felony DUI conviction in any state.

Keep in mind that entry into DUI diversion does not effect any license suspension that may have been imposed for a breath / blood test failure or refusal.  A challenge to this suspension must be done in a separate proceeding.  Also entry into diversion does not effect other criminal charges (such as reckless driving).  Put another way, if you're charged with another crime as well as a DUI you will not be able to enter diversion on the other criminal charge.  Diversion is available only on the DUI charge.  [Some jurisdictions will dismiss infractions such as speeding if you enter diversion.]

Question:  What will the Oregon DUII diversion program cost?

Answer:  There are no fines associated with Oregon DUI diversion.  [You can ignore the "base fine" amount on your ticket if you enter the program.]  However, there are a number of fees that are required for completion of the program.  Participants can expect to pay:

$490 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 and urinalysis testing;

Fees for the installation and rental of an ignition interlock device in any vehicle you drive during the diversion period (about $60 - $70 / month).

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

Question:  Will a DUII diversion go "on my record?"

Answer:  Yes.  A DUII diversion will go on your Oregon driving (DMV) record as a diversion.  [The notation is generally abbreviated as "DIVR".]  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.

Question:  If I enter the Oregon DUI diversion program will my implied consent suspension (the suspension for failing or refusing a breath or blood test) be rescinded, lessened, or cancelled?

Answer:  No.  Entry into diversion has no effect on your implied consent license suspension.  However, successful completion of diversion means that you will receive no additional license suspension for a DUII conviction.

Question:  What parts of the State of Oregon does David Lesh represent people on DUII charges?

Answer:  As an Oregon attorney, Mr. Lesh serves client's all over the state.  However, the bulk of his Oregon DUII diversion practice is concentrated in the following counties and cities:  Multnomah County, Clackamas County, Washington County, Columbia County, Tillamook County, Clatsop County, Yamhill County, and Portland, Gresham, Hillsboro, Lake Oswego, Oregon City, Beaverton, West Linn, Wilsonville, Troutdale, Seaside, Astoria, Milwaukie, St. Helens, and McMinnville.

Law Office of David Lesh