Oregon DUII Frequently Asked Questions
Oregon Driver's License Suspensions
Oregon DUII Collateral Consequences
Oregon DUII Diversion
Oregon law allows certain drivers into what is called the DUII Diversion Program. The DUII Diversion Program is created by state law and is a good option for many people cited/arrested for their first DUII.Most people who have never been through a DUII Diversion Program before or who have not been convicted in the last 10 years of DUII are eligible. However, drivers who hold a Commercial Driver's License (CDL) or who were driving a commercial motor vehicle when they were stopped will not likely be eligible. Also, drivers who have previously been convicted of a crime involving injury to another person due to misuse of a motor vehicle will not likely be eligible.
The diversion program is typically 12 months long and very similar to being placed on bench probation. During the 12 month timeframe, you must pay a $458.00 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. If you complete all that is required of you, the DUII 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 DUII. You cannot challenge any aspect of the DUII 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.
Although the Oregon DUII Diversion Program has many benefits, the requirement that you first plead guilty is rather serious and should be approached with caution. It is typically a good idea to have a DUII attorney/lawyer look over your case before you leap into a program which could result in jail and a conviction on your record.
For reference, these are the diversion forms that may be required by your local court:
- Oregon Uniform DUII Diversion Petition and Agreement (form 1, PDF)
- Explanation of Rights and Oregon DUII Diversion Agreement (form 2, PDF)
- Petitioner's Sworn Statement of Eligibility for Oregon DUII Diversion Program (form 3, PDF)
- Petition for Entry of "Guilty" or "No Contest" Plea to Oregon DUII (form 4, PDF)
- Summary of Oregon DUII Diversion Fees (form 5, PDF)
- Motion to Extend Oregon DUII Diversion Period (form 6, PDF)
- Oregon Uniform DUII Diversion Petition and Agreement (form 1, Microsoft Word Document)
- Explanation of Rights and Oregon DUII Diversion Agreement (form 2, Microsoft Word Document)
- Petitioner's Sworn Statement of Eligibility for Oregon DUII Diversion Program (form 3, Microsoft Word Document)
- Petition for Entry of "Guilty" or "No Contest" Plea to Oregon DUII (form 4, Microsoft Word Document)
- Summary of Oregon DUII Diversion Fees (form 5, Microsoft Word Document)
- Motion to Extend Oregon DUII Diversion Period (form 6, Microsoft Word Document)
- Oregon Uniform DUII Diversion Petition and Agreement (form 1, PDF, Spanish, en Espanol)
- Explanation of Rights and Oregon DUII Diversion Agreement (form 2, PDF, Spanish, en Espanol)
- Petitioner's Sworn Statement of Eligibility for Oregon DUII Diversion Program (form 3, PDF, Spanish, en Espanol)
- Petition for Entry of "Guilty" or "No Contest" Plea to Oregon DUII (form 4, PDF, Spanish, en Espanol)
- Summary of Oregon DUII Diversion Fees (form 5, PDF, Spanish, en Espanol)
- Motion to Extend Oregon DUII Diversion Period (form 6, PDF, Spanish, en Espanol)
The information provided on this website is offered for informational purposes only. It is not offered as legal advice and does not constitute legal advice. Romano Law, P.C. does not seek to represent you based upon your visit to or review of this website. This website may be considered advertising under the rules of the Oregon Bar Association. You should not make legal decisions based upon brochures, advertising, or other promotional materials. Michael G. Romano is licensed to practice law in Oregon only and therefore only provides legal services and advice concerning Oregon law. If you would like to schedule a consultation to discuss a specific legal matter, please contact our offices.