DUII DIVERSION
Arrested for a first DUII? One mistake does not have to define you.
Most of the people we help with a DUII have never been in trouble before. They are teachers, nurses, parents and small business owners who made one bad decision on one night. It is normal to feel embarrassed. We treat you with respect, explain every option in plain language, and work toward the outcome that protects your record and your license.
For many first-time drivers, Oregon's DUII diversion program ends with the charge dismissed.
Two deadlines that matter right away
Request your DMV hearing
If you failed or refused a breath test, DMV must receive your hearing request by 11:59 p.m. on the tenth day after your arrest. Missing it usually means your license suspension starts with no chance to challenge it. Blood test cases follow a different timeline.
File for diversion
The diversion petition is generally due within 30 days of your first court appearance. Before you file, we review the evidence with you so you know whether diversion is the right choice.
The DMV suspension and the criminal case are separate. Finishing diversion does not cancel a DMV suspension, which is why the hearing matters.
How Oregon's DUII diversion program works
Diversion is a one-year program. You enter a plea of guilty or no contest, and the court holds it. If you complete every requirement, the DUII charge is dismissed and you are not convicted. If you do not, the court enters a conviction and moves to sentencing.
What the year usually involves
- An alcohol and drug evaluation
- Any treatment the evaluator recommends
- A victim impact panel
- No alcohol, marijuana, or other intoxicants during the program
- An ignition interlock device if your BAC was 0.08 or higher, you refused a test, or a blood test showed intoxicants
- Paying the court and program fees
Who usually qualifies
Eligibility is set by ORS 813.215. In general, you must have no DUII conviction or diversion in the past 15 years, no pending DUII or serious vehicle-related charges, no commercial driver license, and no crash that injured or killed someone else. We confirm your eligibility at your first meeting.
What working with us looks like
- 1
Free consultation
We talk through what happened, answer your first questions, and make sure your DMV deadline is covered.
- 2
In-person evidence review
We sit down with you and go through the police reports and the body camera footage together, so you see exactly what the State has.
- 3
Your defenses and your choice
We discuss every possible defense, including how the stop was made and how the tests were given. We explain the real risks of going to trial compared with taking diversion, and you make the decision.
- 4
The DMV side
We handle your implied consent hearing and help you through license issues, including hardship permits where they are available.
- 5
Through to dismissal
If you choose diversion, we file your petition, appear with you in court, and stay available through the year until the charge is dismissed.
An honest price for ordinary people
A DUII can happen to anyone, and most people facing one did not plan for a legal bill. Our DUII diversion fee is a flat $5,500, stated up front, with no hourly billing and no surprise invoices. Payment plans are available so cost does not keep you from getting good representation.
What the diversion program itself costs
These fees are set by the court and program providers, not by us. They are separate from our fee. The amounts below come from the Oregon Judicial Department's official Summary of DUII Diversion Fees (Form 6).
| Fee | Amount | Paid to |
|---|---|---|
| Diversion filing fee | $490 | The court. It may be waived in part or paid in installments if you are low-income. |
| Alcohol and drug assessment | $150 | The assessment agency |
| Treatment | Varies | The treatment provider. Many allow payment plans. |
| Victim impact panel | $5 to $50 | The panel coordinator, on the day of the panel |
| Ignition interlock device | Varies | The device provider |
| Restitution | Only if ordered | The court, when a victim had financial losses |
Download the official Summary of DUII Diversion Fees (PDF) from the Oregon Judicial Department. Fees can change, so we confirm the current amounts with you at your first meeting.
Common questions
Will I lose my license?
Possibly, through DMV rather than the court. For a first offense, failing a breath test generally leads to a 90-day suspension and refusing leads to a one-year suspension. Requesting a DMV hearing within 10 days gives you a chance to challenge it, and a hardship permit may let you drive to work and other essentials.
Will I go to jail?
If you complete diversion, the charge is dismissed and there is no conviction or sentence. A DUII conviction in Oregon carries mandatory minimum penalties, which is one reason diversion is worth considering.
Will this stay on my record?
When diversion is completed, you are not convicted. The dismissed DUII can still be seen on your record, and you generally cannot do diversion again for 15 years. We will explain exactly what stays on your record in your situation.
Do I have to take diversion?
No. You are presumed innocent, and the State must prove every element beyond a reasonable doubt. You have the right to a trial, to challenge the State's witnesses, and to present your own defense. We review the evidence with you first so you can decide with the full picture. Trial is not included in the $5,500 diversion fee. If you decide to go to trial, we explain that cost before you commit.
Can I pay over time?
Yes. We offer payment plans. Ask about them during your free consultation.
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This page provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome. Program requirements, fees and DMV rules are set by Oregon law, the courts and DMV and may change.
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