5 Warnings About Oregon DUI Diversion

If you’ve been arrested or cited for DUI in Oregon, the Oregon DUI Diversion Program will likely be an attractive option to you. But before you run into court and plead guilty to a Class “A” misdemeanor crime, you need to know more about the risks and rewards. Here are five warnings about Oregon’s DUI Diversion Program.

Here are the top five most important considerations about diversion:

1. You will be required to enter a “guilty” or “no contest” plea. This will be a requirement in order to enter the Oregon DUI Diversion Program. It’s important to note because once your plea is entered, it cannot be withdrawn. Once you enter the program, you can’t get out. If you have any problems in the program or fail to do what is required, it could result in a violation of the diversion terms. If that happens, your diversion can be revoked, and the Court will proceed almost immediately to sentencing. You will have a permanent conviction on your record. You’ll be considered a “criminal” for employment and criminal background check purposes. You may also suffer other adverse consequences.
2. You will have to install an Ignition Interlock Device (IID) in any vehicle you drive for up to 12 months. IIDs can be expensive, embarrassing, and a hassle to deal with. If you drive more than one car, you may need to install more than one device. If you share a car with your spouse, they will need to blow into the device anytime they start or drive the car too. Renting a car, borrowing a car, or using your spouse’s car during the diversion term will not be practical.
3. Drinking and using recreational cannabis (marijuana) will be prohibited. You can’t drink or use cannabis (marijuana) recreationally at all while in diversion. You may also be tested by random UAs while in treatment. Therefore, a violation of this term can cause your diversion to be revoked.
4. You cannot participate in another Oregon DUI diversion program for at least 15 years. It goes without saying that most people are not planning on receiving another DUI, but it sometimes happens. The current look-back period for prior DUIs in Oregon for the purposes of determining DUI diversion eligibility is 15 years. This could change in the future if the legislature makes a one-time participation in a diversion program a lifetime disqualification. There is significant reason to believe Oregon politicians will eventually do this– as they’ve made the diversion program worse over time (e.g. more focused on punishment instead of rehabilitation).
5. If you plead guilty or no contest to DUI in order to enter Oregon’s DUI Diversion Program, the arrest will be permanently on your record. Even if you successfully complete the diversion program, your driving record and criminal history record will show that you were arrested, cited, or “booked and printed” for the crime of DUI, even if you were never actually convicted or sentenced. This arrest cannot be set aside or expunged even after your diversion term is over. The DUI arrest and entry of plea will permanently be on your record.

Have Further Questions about the Oregon DUI Diversion Program?

Contact us at 503-208-5529 for more information. We can schedule a DUI defense strategy session, at a reasonable cost. We can also help you with your DMV Implied Consent Hearing.