Charged With a First DUII in Portland? You May Be Able to Walk Away Without a Conviction
A DUII arrest can feel like the end of a clean record. For many first-time drivers in Oregon, it doesn't have to be. Oregon's DUII diversion program lets eligible people complete a one-year program and have the charge dismissed with prejudice (i.e., it can never be refiled).
The catch is that the rules are strict and the clock starts early. In most cases, you must file your diversion petition within 30 days of your first court appearance. Here is who qualifies, what the program requires, and what happens at the end.
For our fees and a cost breakdown, see our DUII diversion page. Just arrested? Diversion handles the criminal case, but your license is a separate fight with its own 10-day deadline. See how to request your DMV hearing.
Who Qualifies for DUII Diversion in Oregon
Eligibility is set by ORS 813.215. You must meet every condition. You are not eligible if:
You have another DUII charge pending, in Oregon or anywhere else.
You were convicted of DUII in the last 15 years. The 15 years runs from before the date of your current offense through the date you file the petition.
You have ever been convicted of felony DUII.
You did a DUII diversion or DUII treatment program in the last 15 years, or you are in one now. There are narrow exceptions, such as a program you completed as a minor under a juvenile court order.
You have a pending charge or a 15-year conviction for a vehicle-related homicide or assault, such as manslaughter or assault that came from driving.
You held a commercial driver's license (CDL) on the date of the offense, even if you were driving your personal car.
You were driving a commercial motor vehicle at the time.
The incident involved a crash that injured or killed someone else.
Even if you meet every condition, the judge still decides whether to allow diversion. Under ORS 813.220, the court considers whether diversion would benefit you and the community and whether you are likely to follow the rules. The court may also consider whether a passenger under 18 was in the car. The judge must deny the petition if you missed your arraignment without good cause.
The deadline matters. Under ORS 813.210, the petition must be filed within 30 days of your first appearance in court. A judge can allow a later filing for good cause, but filing a motion to suppress or a demurrer does not count as good cause. Waiting to see how a challenge to the stop turns out can cost you diversion.
What DUII Diversion Requires
Diversion is not a dismissal up front. You earn it by completing a one-year program. The main steps are:
File the petition and plead. The petition includes a plea of guilty or no contest. The judge accepts the plea but holds off on entering a conviction while you complete diversion. The court filing fee is $490, which can be partly waived or paid in installments if you can't afford it.
Complete an alcohol and drug screening. You pay the screening agency $150 and then complete whatever treatment the agency recommends, at your own expense.
Don't use intoxicants. For the full year, you agree not to use alcohol or any other intoxicant. The exceptions are sacramental wine, drugs prescribed to you, and over-the-counter medicine used as directed.
Install an ignition interlock device if required. Under ORS 813.602, the court must require one in any vehicle you drive during diversion if your test showed 0.08% or more, you refused the test, or your test showed alcohol plus another intoxicant. The court may require one in other cases. A medical exemption is available in limited circumstances.
Attend a victim impact panel if ordered. In counties that run a victim impact program, the court may require you to attend one session, with a fee of $5 to $50.
Stay out of trouble and stay reachable. A new DUII charge ends diversion. You must also keep your address current with the court and pay any restitution you owe.
The diversion period lasts one year from the date the judge approves it. If you have made a good-faith effort but need more time, you can ask for one extension of up to 180 days. The request must be filed within 30 days before the year ends (ORS 813.225).
What Happens at the End
If you complete diversion, you file a motion to dismiss after the year is over. The court dismisses the DUII charge with prejudice, so it cannot be brought back (ORS 813.250). You leave without a DUII conviction. Statements you made during the screening interview or treatment can't be used against you in a criminal or civil case about the same incident.
If everything is done except paying off fees, you are not stuck. If you owe $500 or less, you can ask the court to dismiss once the balance is paid, as long as you pay by 5 p.m. on the day of the hearing (ORS 813.252).
If you don't complete diversion, the prosecutor or the court can move to end it. That happens if you break the terms, pick up a new DUII, or turn out not to have been eligible. If the court terminates diversion, it enters the guilty or no contest plea you signed at the start, and you are sentenced on the DUII (ORS 813.255). There is no trial at that point, which is why it matters to understand the program before you sign up.
Talk to a Portland DUII Attorney
Diversion is often the best path for a first DUII, but it isn't the only one. Before you sign a plea, it is worth knowing whether the State could actually prove its case. Sometimes the problem is the stop or the arrest itself, as in State v. Merryman.
Our DUII diversion fee is a flat $5,900 in Portland and Multnomah County, stated up front, with no hourly billing and payment plans available. Give us a call at 503-453-4273, and we can discuss your case in a free consultation. Because of the 30-day deadline, it's best to call soon after your arrest.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. The outcome of any case depends on its specific facts. Court fees and program costs are set by statute and may change.