Oregon DUI Diversion Program Explained
The Criminal Defense law firm of Rhett Bernstein employs former prosecutors, former law enforcement officers, and former forensic experts. Rhett Bernstein defends clients throughout the state of Oregon, including Multnomah County, Clackamas County, Washington County, and all Portland-area municipal courts in the following counties and cities:
Canby
Clackamas
Damascus
Estacada
Gladstone
Happy Valley
Lake Oswego
Milwaukie
Molalla
Oregon City
Sandy
Tualatin
West Linn
Beaverton
Bull Mountain
Cornelius
Durham
Forest Grove
Gaston
Hillsboro
King City
Laurelwood
North Plains
Sherwood
Tigard
Tualatin
Wilsonville
DUI Diversion Program FAQ
- You meet all requirements described below
- You appeared in court on the date scheduled for your first appearance on the charge or the court finds good reason to excuse your failure to do so;
- You file the petition with the court within thirty (30) days of your first appearance in court, unless the court finds there is good cause to allow a later date.
- You have never been convicted of a Felony DUI offense in Oregon or any other place.
- On the date you sign the petition for a DUI diversion agreement:
- There is no charge pending against you in Oregon or any other place, except for the DUI charge in this case, for an offense involving operation of a vehicle while:
- under the influence of alcohol, a Controlled Substance, an inhalant, or any combination of the three: or
- having a blood alcohol content above the allowable blood alcohol content;
- There is no charge pending against you in Oregon or any other place, except for the DUI charge in this case, for an offense involving operation of a vehicle while:
- You are not participating in a DUI Diversion Program or any similar alcohol or drug rehabilitation program in Oregon or any other place except a program you may have entered as a result of the charge for the present offense of DUI; and
- There is no charge of an offense pending against you in Oregon or any other place for any degree of Aggravated Vehicular Homicide, Murder, Manslaughter, Criminally Negligent Homicide, or Assault that resulted from the operation of a motor vehicle.
- During the fifteen (15) years before the date of the presently alleged DUI offense and during the time between the presently alleged DUI offense and the date you sign the petition:
- You have not been convicted in Oregon or any other place for an offense involving the operation of a vehicle while:
- under the influence of alcohol, a Controlled Substance, an inhalant, or any combination of the three: or
- having a blood alcohol content above the allowable blood alcohol content;
- You have not participated in a DUI Diversion Program or any similar alcohol or drug rehabilitation program in Oregon or any other place; and
- You have not been convicted, in Oregon or any other place, on any charge of an offense in any degree for aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault that resulted from the operation of a motor vehicle.
- You have not been convicted in Oregon or any other place for an offense involving the operation of a vehicle while:
- The DUI offense described in the petition for which you are charged did not involve any deaths or any physical injury to any other person (“physical injury” means impairment of physical condition or substantial pain – ORS 161.015).
- At the time of the alleged offense, you did not have a commercial driver’s license.
- At the time of the alleged offense, you were not operating a commercial motor vehicle.
In order to successfully complete diversion a defendant must do each of the following:
- undergo a diagnostic assessment to determine whether or not you have an alcohol or drug problem (this is commonly referred to as an alcohol / drug evaluation);
- complete whatever course of treatment is deemed necessary by the assessment (often 12 weeks of classes or more);
- attend a one-time victims impact treatment session (victims panel class);
- pay fees, assessments, and other costs to the court, to the evaluator, and to the treatment provider;
- not consume intoxicants (alcohol / non-prescribed drugs) for one year;
- install an ignition interlock device on any vehicle you drive during the one year diversion period (unless you qualify for an exception for an employer owned vehicle or due to a medical condition). This period may be shortened to as little as six months under some conditions.
There are no fines associated with diversion. However, there are a number of fees that are required for completion of the program. You can expect to pay:
- $490 in fees to the court (a payment plan is available);
- $150 for the alcohol / drug assessment (also known as the evaluation) and monitoring;
- $50 or less for the victims impact treatment session (commonly referred to as the victims panel class);
No. If you successfully complete the diversion program, the DUI charge will be dismissed. However, if diversion is terminated for failing to comply with the program requirements a conviction is automatic. Your driving record will reflect the diversion even after the program has been completed and the charge is dismissed.
The diversion program lasts exactly one year.
No. There is no state certified online alcohol class in Oregon.
Probably not. Often the treatment portion of diversion is completed in 12 weeks or so. ADES (Alcohol and Drug Evaluation and Screening Specialists) will refer you to either DUI treatment or DUI information (a shorter program). In either case you will be required to show at least 90 days of abstinence from alcohol and non-prescribed drugs. Urine tests (UA’s) are used to ensure compliance with this abstinence requirement.
Yes. A diversion will go on your Oregon driving (DMV) record as a diversion (not as a conviction). The entry is made as soon as you enter diversion. Oregon does not use a point system so points are not assessed. In Oregon, DUI diversions and DUI convictions cannot be expunged or sealed or otherwise taken off your record.
Oregon law requires participants to plead guilty or no contest to enter the diversion program. If you are terminated from diversion you will be convicted of the DUI and sentenced. You will have to go through treatment again; pay a large fine; and either go to jail or complete community service. You will also be placed on probation and have your driver’s license suspended for at least one year.
No. Diversion is not considered probation. You will be placed on probation if you fail to complete diversion and are convicted of the DUI charge. If you are convicted of an additional charge separate from the DUI in diversion you will likely be placed on probation for the second charge.
Yes. There is no prohibition on entering bars or taverns with the Oregon DUI Diversion Program. You cannot consume alcohol however. If you are convicted of a DUI, you generally are prohibited from entering bars and taverns.
Rhett Bernstein offers a free initial case analysis. To set up an appointment or to speak with Mr Bernstein:
- Please visit our contact page where you can submit an email or;
- Call his office at (503) 454-6610
We Can Help with your DUI-Related Defense
If you or a loved one has been charged with a DUI-related offense contact experienced criminal defense attorney Rhett Bernstein immediately. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours will be handled by prosecutors and judges.
Legal Disclaimer: Nothing on this site shall be taken as legal advice. For advice on a legal matter, contact attorney Rhett Bernstein immediately for a free, confidential, no obligation consultation.
Criminal Defense attorney Rhett Bernstein is available to practice criminal law anywhere throughout the state of Oregon, including: Clackamas, Multnomah, and Washington counties; as well as most municipal courts throughout the Portland Metro area.
