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DUII Diversion

The Washington County DUII Diversion program is a criminal court program designed for individuals who have been charged with a first time DUII charge.  The program lasts a minimum of one year, and there are a number of special conditions of diversion required of each participant.  Upon successful completion of all of the conditions required of him or her, the participant will automatically graduate from the program, and the DUII charge will be dismissed.

The DUII Diversion program is split into several court dockets.  Judge Suzanne Upton administers the advisory counsel DUII Diversion program held every Monday morning at 9:00am.  Judge D. Charles Bailey administers the retained counsel DUII Diversion program and the DUII Diversion show cause docket held every Monday at 1:30 and 2:30pm. There are representatives from the District Attorney’s Office present during these dockets.  The program itself is administered by the organization Evaluation Services, and representatives from this organization make referrals for alcohol treatment, the Victim’s Impact Panel, and other specific requirements of the program.

Frequently Asked Questions

When and where do the DUII Diversion dockets take place?

The advisory counsel DUII Diversion docket is held every Monday at 9:00am, in courtroom 210C, located at the Main Street Courthouse.  At this docket, there will be an attorney present to advise the eligible defendants about the particulars of the program and whether the program will be right for them.The retained counsel DUII Diversion docket is held every Monday at 1:30pm, in courtroom 470J, located in the Justice Services Building.  This docket is for eligible defendants who have either retained or appointed counsel.The DUII Diversion Show Cause docket is held every Monday at 2:30pm, in courtroom 470J, located in the Justice Services Building.  This docket is for individuals in the diversion program who are alleged to be in violation of one or more conditions of the program.

What are the eligibility requirements of the program?

In order to be eligible for the DUII Diversion program, the prospective participant must meet the criteria listed HERE.  In addition the following two criteria must also be met:

  • You must appear in court on the date and time of your scheduled first appearance, or the court must find good reason to excuse your failure to do so.
  • You must file the Uniform DUII Diversion Petition and Agreement, either by yourself or through your attorney within 30 days of your first appearance (arraignment) or be able to demonstrate good cause behind the 30 days.

What are the conditions and requirements for being in the DUII Diversion program?

There are a number of requirements and conditions that a diversion program participant must successfully complete, in order to complete the diversion program.  Please click HERE for a list of the most common diversion conditions. 

How can I find out if I am eligible for the DUII Diversion program?

The District Attorney’s office initially reviews DUII cases to determine if the defendant is eligible for the diversion program under the conditions listed in ORS 813.215.  The defendant will find out if he or she is presumed to be eligible for the diversion program at the arraignment appearance.  If the District Attorney’s Office does not object to the defendant’s entry into the diversion program, then the defendant is presumed eligible and a diversion hearing is set.  If the District Attorney’s office has objected to an entry into diversion, then prospective participants are encouraged to discuss the matter with their attorney in order to discuss other avenues that exist for entry into the program.

How long does the DUII Diversion program last?

The DUII Diversion program lasts exactly a one year period of time.  The participant must have completed all of the requirements of the program within this one year period of time.

Can the DUII Diversion program period be extended?

In very rare circumstances, the Judge may approve an extension for up to an additional six months.

What are the benefits of completing the DUII Diversion program successfully?

Upon successful completion of all of the requirements of the DUII Diversion program, and after being in the program for a period of one year, the participant’s diversion will automatically terminate and the DUII charge will be dismissed.

As a diversion participant, where can I get copies of my court records?

If you are a diversion participant and would like copies of any of your court records, including diversion dismissals, you may order copies at a rate of $.25 per page from the Records Department. The Records Department is located on the first floor of the Justice Services Building, 150 N. First Avenue, Hillsboro, OR 97124.

Where can I get more information about the DUII Diversion program?

Please click HERE for a list of contact information for the DUII Diversion program.

Forms and Other Information

The following links lead to forms and additional information regarding the DUII Diversion program:

Uniform DUII Diversion Petition and Agreement. (for reference use only)