Oregon law allows certain drivers into what is called the Oregon DUI Diversion Program (technically the Oregon DUII Diversion Program). The program is created by state law and is an excellent option for many people cited/arrested for their first charge of Driving Under the Influence of Intoxicants (DUII).
Most drivers charged with a DUI who have a standard driver’s license, are eligible for Oregon’s DUI Diversion Program. For more information on eligibility, see our Oregon DUI Diversion Eligibility page.
“What is Required on Oregon’s DUII Diversion Program?”
Primarily, a year of sobriety and drug and alcohol classes. The diversion program is typically 12 months long and very similar to being placed on bench probation. During the 12 month time-frame, you must pay a fee to the court, attend a drug/alcohol evaluation, attend a Victim Impact Panel class, and participate in and complete a drug/alcohol treatment program. In 2011, Oregon’s DUII diversion program was modified so as to prohibit any consumption of alcohol during the diversion term– regardless of whether or not you are driving. In 2012, Oregon’s DUII diversion program was further modified so as to require the installation of an Ignition Interlock Device (IID) during the term of diversion. An IID must be installed in any vehicle you drive throughout the year. If you complete all that is required of you, the DUI case will be dismissed and cannot be filed again.
The bad news about the diversion program is that in order to take advantage of it, you must first plead guilty (or “no contest”) to DUI. You cannot challenge any aspect of the DUI case and, if for whatever reason, you fail the terms of the diversion program, a conviction will be entered and you will be sentenced by the court. Sentencing may include jail time, fines, probation, and a minimum one year driver’s license suspension from the Oregon DMV.
“What will be on my record if I enter and complete the the DUII Diversion Program?”
If you successfully complete diversion, no conviction will be entered. The Court will dismiss the DUI charge. However, the arrest will remain. Also, your DMV driving record will still reflect a breath test failure or refusal. Please see our dedicated page on DUI Diversion Records for more information.
“Will I have to go to jail as part of the DUII Diversion Program?”
If a driver successfully enters and completes the program, there is no jail ordered because a conviction is never entered. This does not include the time spent in jail after an arrest (which has already been served).
“Will I be on probation while in the DUII Diversion Program?”
Many aspects of the diversion program seem like probation requirements, but if a driver is actually in the diversion program and not on probation for another charge or past charge, the diversion term itself is not a form of probation. That being said, many of the requirements of diversion will be very similar to probation and a violation of the diversion terms could cause a revocation of the diversion (which is in some ways similar to a probation revocation).
“Will I have to do community work service as part of the program?”
Community service is not part of diversion. As indicated above, the diversion program is not probation. Therefore, terms of probation (such as community work service) are not ordered as part of the statutory diversion program. However, if a driver has another case or another charge in-which probation is ordered, there could be an order for community work service.
“Will I be on house arrest in diversion?”
House arrest is not part of diversion. The diversion program is not probation. Therefore terms of probation (such as house arrest) are not ordered as part of the statutory diversion program. However, if a driver has another case or another charge in-which probation is ordered, there could be an order for community work service.
“Will I be on electronic monitoring in diversion?”
As indicated above, the diversion program is not probation, and therefore terms of probation (such as electronic monitoring) are not ordered as part of the statutory diversion program. However, if you have another case or another charge in-which probation is ordered, there could be an order for community work service. Also– as indicated below– drivers in the diversion program must use an Interlock Ignition Device (IID) while driving and so that does require some electronic monitoring (prior to driving and while driving). In addition, the treatment provider may require blood, urine, or hair follicle tests which are a form of drug and alcohol monitoring.
“Will I have to go to treatment while on diversion?”
All drivers who go through the diversion program are required to attend either an educational class on drug and alcohol abuse or drug and alcohol treatment. The cost and length of the two programs varies between providers, and the ADES drug and alcohol evaluator will decide which of the two programs the driver is required to attend.
“Can I drive while in the DUI Diversion Program?”
Yes. Provided that there are no other suspensions or revocations of a driver’s driving privileges, a driver can continue to drive while in the diversion program. However, note that most DUI cases involve an Implied Consent suspension which will often cause a suspension for varying periods of time.
“Will I have to use an Interlock Ignition Device (IID)?”
Yes. In 2012, the Oregon Legislature changed the diversion requirements. Now, Oregon requires an Interlock Ignition Device (IID) for all drivers driving while on diversion. The devices are small and hard-wired into the driver’s vehicle. The driver must blow into the device to start the car, and then at somewhat random times while driving. The driver must pay to rent/lease the device, to have it installed, uninstalled, and calibrated. The costs typically run around $70-75 per month.
Note: Be very careful listening to friends, relatives, co-workers, people you meet in jail or treatment, etc when they attempt to give you advice on whether or not you need an IID. Many people still believe that an IID is only required after a conviction. Well-intentioned people may therefore attempt to help you save money by telling you that you don’t need a device, but if you are given incorrect and out-of-date information, it could get you in trouble. If in doubt, check with your attorney.
“Will my license be suspended during the DUII Diversion Program?”
No. Entry into Oregon’s diversion program– by itself– does not impose an Oregon driver’s license suspension. However, as noted above, an Implied Consent suspension often occurs near or around the same time as entry into diversion.
“Can I drink alcohol while on DUII Diversion?”
No. Participants in the DUI Diversion Program are specifically prohibited from consuming any alcohol during the 12-month diversion term– even after the treatment program is completed.
“Can I use marijuana or cannabis while in the DUII Diversion Program?”
This will depend on the county as some counties are handling marijuana/cannabis use differently than others. Check with your attorney before entering into the diversion program if marijuana/cannabis use is important to you, or if it’s a medical/health requirement for you. For more information, see out page on DUII Diversion and marijuana.
“Can I move while in the program?”
Entry into the diversion program by itself does not restrict the participant to living only in Oregon. However, there may be court release conditions or probation from other charges which could require Oregon residency or notification of out-of-state travel or relocation.
“Can I finish the program in another state?”
As indicated above, entry into the diversion program by itself does not restrict the participant to living only in Oregon. Also, you’re not required to be an Oregon resident to take advantage of the diversion program. However, the drug and alcohol treatment required by diversion will need to conform to Oregon law. For example, a participant in Oregon’s DUI Diversion program who completes their drug and alcohol treatment in Florida will still need to make sure the Florida treatment satisfies Oregon’s rules and regulations for treatment providers. Because many states have drug and alcohol treatment programs that conform to their own laws (rather than Oregon’s), this is an area which can be complicated. Check with your attorney before enrolling into an out-of-state drug and alcohol treatment program.
“Can I travel out of the country while in the DUII Diversion Program?”
Entry into the diversion program doesn’t restrict the participant to living only in Oregon. However, there may be court release conditions or probation from other charges which could restrict travel out of the country. Also, you should carefully consider any extensive foreign travel of long-duration that could affect compliance with other aspects of diversion. Foe example, drug and alcohol evaluation requirements, VIP attendance, drug and alcohol treatment completion, etc.
“What does DUII Diversion cost?”
The costs for the entire program varies. However, there are a few standard costs or expenses:
- $490 fee to enter diversion
- $150 for an ADES eval
- $40-50 for a Victim Impact Panel (VIP) lecture
- $70-80 per month for an Interlock Ignition Device (IID)
The expense with the most variability are the drug and alcohol classes or treatment. If you go to four weeks of alcohol education classes, it’s less-expensive. If you go to 12-weeks of drug and alcohol treatment, it’s more expensive. Also, there are expensive treatment providers and there are inexpensive treatment providers.
“What are the eligibility requirements for the DUII Diversion Program?”
Please see our dedicated page on Oregon DUI Diversion Eligibility.
“Why wouldn’t I want to enter the DUII Diversion Program?”
There are many benefits of the Oregon DUII Diversion Program. But the requirement that you first plead guilty is rather serious and should be approached with caution. It is a good idea to have a DUI attorney/lawyer look over your case. Before you leap into a program which could result in jail and a conviction on your record, you want to review your case. If you enter into the DUI diversion program and– for whatever reason– you don’t successfully complete the program, a conviction may be entered on your record. Then you’d be sentenced on a Class A misdemeanor charge. This could result in jail, probation, fines, fees, and loss of driving privileges.
“Where can I find the DUII Diversion Forms?”
Oregon’s Uniform DUII Diversion Forms (English):
- SCO #16-044 Order Adopting New Forms for DUII Diversion
- Petition and Agreement: DUII Diversion Form 1: Petition and Agreement
- Order into DUII Diversion: DUII Diversion Form 2: Order re: DUII Diversion
- Defendant’s Declaration of Eligibility: DUII Diversion Form 3: Defendant’s Declaration of Eligibility
- DUII Plea Petition: DUII Diversion Form 4: Petition to Plead Guilty or No Contest
- Order on Plea Petition: DUII Diversion Form 5: Order on Petition to Plead Guilty or No Contest (DUII Diversion)
- Summary of DUII Diversion Fees: DUII Diversion Form 6: Summary of DUII Diversion Fees
- Motion to Extend Diversion: DUII Diversion Form 7: Motion to Extend DUII Diversion Period,and Declaration in Support
- Order on Motion to Extend Diversion: DUII Diversion Form 8: Order on Motion to Extend DUII Diversion Period
- Motion for DUII Diversion IID Exemption: DUII Diversion Form 9: Motion to Vacate Use of IID as Condition of Diversion Agreement,and Declaration in Support
- Order on DUII Diversion IID Exemption: DUII Diversion Form 10: Order on Motion to Vacate Use of IID as Condition of Diversion Agreement