DUII Diversion Program

Eligibility for Diversion Program

You are eligible to participate in the diversion program if:

• If you meet all requirements described below.
• You appeared in court on the date scheduled for your first appearance on the charge or the court finds good reason to excuse your failure to do so;
• You file the petition with the court within thirty (30) days of your first appearance in court, unless the court finds there is good cause to allow a later date.

Eligibility Requirements

• You have never been convicted of a felony DUII offense in Oregon or any other place.
• On the date you sign the petition for a DUII diversion agreement, there is no other charge pending against you for an offense involving operation of a vehicle while:
        
  a.    under the influence of alcohol, a controlled substance, an inhalant, or any combination of the three: or
  b.    having a blood alcohol content above the allowable blood alcohol content;
  
  
• You are not participating in a DUII diversion program or any similar alcohol or drug rehabilitation program in Oregon or any other place except a program I may have entered as a result of the charge for the present offense of DUII; and
• There is no charge of an offense pending against you in Oregon or any other place for any degree of aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault that resulted from the operation of a motor vehicle.
• During the ten (10) years before the date of the presently alleged DUII offense and during the time between the presently alleged DUII offense and the date you sign the petition:
  
  a.    you have not been convicted in Oregon or any other place for an offense involving the operation of a vehicle while:
  
  
• under the influence of alcohol, a controlled substance, an inhalant, or any combination of the three: or
• having a blood alcohol content above the allowable blood alcohol content;

           b.    you have not participated in a DUII diversion program or any similar alcohol or drug rehabilitation program in Oregon
                  or any other place; and 

           c.    you have not been convicted, in Oregon or any other place, on any charge of an offense in any degree for aggravated
                  vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault that resulted from the operation
                  of a motor vehicle 

• The DUII offense described in the petition for which you are charged did not involve any deaths or any physical injury to any other person ("physical injury" means impairment of physical condition or substantial pain - ORS 161.015).
• At the time of the alleged offense, you did not have a commercial driver's license.
• At the time of the alleged offense, you were not operating a commercial motor vehicle.
  

AGREEMENT WITH THE COURT

The Uniform DUII Diversion Petition and Agreement (DUII Diversion Form 1) is your agreement with the court. To have the DUII charge dismissed, you must do all the following:

1. Pay to the court the required diversion fees identified. If you cannot afford to pay these fees, tell the judge. The court may waive some of the fees or allow you to make payments over time, depending on your financial situation.
2. Complete an alcohol and drug abuse assessment as directed by the court. You must pay the assessment fee directly to the assessment agency. You must also give the agency accurate and truthful information about your use of drugs and alcohol. The agency will recommend a treatment program if the court finds that you need treatment.
3. Complete the recommended treatment program. You must pay the treatment provider directly. If you cannot pay the cost of treatment, tell the treatment provider. The provider may be able to waive certain costs or allow you to make payments over time.

ADDITIONAL INFORMATION AND WAIVER OF RIGHTS

The diversion agreement applies only to the DUII charge. Prosecution of the DUII charge will be delayed during the diversion period. If you are charged with other offenses arising from the same incident as the DUII, the other charges will be prosecuted separately. By entering into a diversion agreement, you give up the right to have the DUII charge decided at the same time as your other charges (former jeopardy).

If you have a prior DUII conviction, the Interstate Compact for Adult Offender Supervision rules may prohibit you from leaving the state without permission during the diversion period.

If you successfully complete the diversion agreement, the court may automatically dismiss the DUII charge at the end of one year. If the court does not, you must file a motion at the end of the diversion period asking the court to dismiss the DUII charge.

If the court finds that you violated the terms of the diversion agreement or that you were not eligible for diversion, the court will terminate the diversion agreement. The court may hold a hearing where you can "show cause" why the court should not terminate your diversion. The court will send notice of such hearings by regular mail. If you fail to appear in court, the court can terminate the diversion agreement and may issue a warrant for your arrest.

If the court terminates your diversion agreement or you fail to fulfill the terms of the agreement by the end of the diversion period, the court will sentence you without a trial.

You may file a motion asking the court to extend the diversion period, but you must file the motion within the last 30 days of your scheduled diversion period. The court may grant an extension if the court finds that you have made a good faith effort to complete the diversion program and that you can complete all remaining conditions within the extension period. The court may grant an extension only once and for not more than 180 days.

The court will find that you have violated the diversion agreement if the court receives notice, at any time during the diversion period, that you committed the offense of DUII or of the open container laws under ORS 811.170.

If the court denies the diversion petition, the state cannot use your guilty or no contest plea (in Form 4) when the state continues the prosecution.

DUII Diversion Forms: