In the State of Oregon, Driving Under the Influence of Intoxicants (DUII) is a Class A misdemeanor or a Class C felony. Misdemeanor DUII is punishable by a maximum sentence of one (1) year in jail and a fine up to $6,250. If a minor is in the vehicle, the fine may increase to $10,000. Felony DUII is punishable by a maximum sentence of five years in prison and a fine of $125,000. Upon conviction of misdemeanor DUII, the offender’s Oregon driving privileges are suspended for one or three years or revoked for the offender’s lifetime, depending on the driving record. Upon conviction of felony DUII, the offender’s driving privileges are revoked for the offender’s lifetime.

Oregon Law provides for a diversion program for individuals who have not been convicted of DUII or who have not participated in a DUII Diversion Program in the 10 years prior to the current DUII arrest or in a similar alcohol/drug rehabilitation program. In addition, to qualify for the DUII Diversion Program, this arrest could not have involved an accident in which another person was injured.

The DUII Diversion Program requires a one (1) year commitment. The petition for DUII Diversion must be filed with the Court within 30 days of the appearance date given by the officer on the bottom of the citation unless the Court allows a later filing date for good cause. You must plead guilty or no contest to participate in the Diversion Program. The Court will hold the guilty/no contest plea and give you an opportunity to complete a screening interview and treatment as an alternative to prosecution. You also would be required to pay a filing fee to the Court and attend a Victim Impact Panel program and pay all costs. You could not drive a motor vehicle while using or while under the influence of intoxicants. You also would have to keep the Court advised of your address at all times during the diversion period and sign releases of information so the Court and district attorney can obtain copies of your evaluation and treatment reports. A diversion participant’s driving privileges are not suspended by the Court.

What advantages are there to entering the DUII Diversion Program?

In summary, the DUII Diversion Program affords eligible persons the opportunity to participate in an alcohol/drug evaluation and education/rehabilitation program in lieu of being convicted of DUII. The advantages to entering the program are:

  • Upon completion of the Diversion Program, there is no DUII conviction entered on your driving record.
  • Court costs are considerably lower. The filing fee for participation in the DUII Diversion Program is less than a fine for conviction.
  • Your driver’s license will be suspended by the Court if you are convicted of DUII. There is no suspension for participation in the DUII Diversion Program.
  • There is no requirement to serve jail time or perform community service work in the Diversion Program.

What is the DUII Diversion Program?

The DUII Diversion Program is a legal agreement with the Court that sets aside a guilty or no contest plea and enables the case to be dismissed in one year if all the terms of the Diversion Agreement are satisfied.

Do I qualify for the Diversion Program?

If you have not been convicted of a DUII or have not participated in a DUII Diversion Program in the past 10 years prior to the current DUII arrest or in any similar drug or alcohol rehabilitation program in any state within the 10 years prior to this arrest, and if you have no other charge of murder, manslaughter, criminally negligent homicide, or assault resulting from the operation of a motor vehicle pending in any state on the date you file for diversion, and if this arrest did not involve an accident in which another person was injured, you may be eligible for the DUII Diversion Program.

What costs are involved in the DUII Diversion Program?

If you decide to participate, you must pay a filing fee of $405.00 to the Court and a $150.00 screening interview fee to an Alcohol and Drug Evaluation Specialist. These costs are required by statute. In addition to the above fees, you must pay the costs of treatment and pay for the Victim Impact Panel Program.

When are Court costs due?

The filing fee is due at the time you file a petition for entry into the DUII Diversion Program. You may set up a payment plan with the Court if you are unable to pay in full at the beginning of the program. The $150.00 evaluation fee must be paid prior to the screening interview unless you make other arrangements with the evaluator.

Failure to pay the filing fee in full or when payments are due will result in the termination of your diversion agreement. Failure to pay for the evaluation and/or treatment may result in the termination of your diversion agreement.

When and where do I apply for the DUII Diversion Program?

Application for the program is made at the court clerk’s office on the basement floor of the Clatsop County Courthouse, 749 Commercial Street, Astoria, Oregon. When you appear in court for your first appearance, an application will be provided at your request. If you desire, you may come to the clerks’ office prior to your scheduled court appearance to apply for the diversion program.

Will I lose my driver’s license?

The court will not suspend your license unless you fail to comply with the Diversion Agreement. Thirty (30) days after your arrest or citation, the Department of Motor Vehicles (DMV) will suspend your license if you failed or refused the breath test. You must contact DMV regarding this suspension and any application for a hardship permit. If you are convicted of DUII, your driving privileges will be suspended for one or three years or for a lifetime, depending on your driving record.

Will the DUII go on my record?

The DUII will be on your driving record as a diversion, not a conviction.

What happens to the DUII Diversion at the end of the one-year period?

If you have successfully completed the alcohol treatment or education program, paid all of the required fees, and completed all other requirements of the Diversion Program, the DUII charge will be dismissed by the Court. If you do not complete all the requirements of the Diversion Program, your diversion agreement will be terminated and the case will be set for sentencing. If you fail to appear in court when scheduled, a warrant will be issued for your arrest, your driver’s license will be sanctioned and any unpaid fees referred to the Department of Revenue for collection.