Oregon DUII Diversion Program, Class, and Rules - Eugene, Oregon - Arnold Law Office, LLC, Attorneys at Law

Oregon DUII Diversion Program, Class, and Rules

Warning: You only have 10 DAYS to request a DMV hearing to protect your driver’s license!

Oregon law cuts a DUII driver a break if it is their first drunk driving offense by allowing them to enter into the diversion program.

You are diversion eligible under ORS 813.215 if (1) you have not had a DUII or DUII diversion (or similar drug or alcohol program) in the last 15 years (10 years if arrest was prior to January 1, 2010); (2) your DUII didn’t involve an accident where someone (other than you) was injured; (3) you don’t have a commercial driver’s license; and (3) you otherwise qualify under the statute. If this is your second diversion, you must qualify as above and you must have been convicted of any other criminal offense involving a motor vehicle in the last 15 years (e.g., Reckless Driving, Assault, Criminal Mischief, etc.).

If you don’t think you qualify, click here. A controlled substances DUII is still eligible for DUII.

To enter into the Oregon diversion program you have to plead guilty or no contest to the charge. Some judges do not accept a no contest plea in a diversion case despite it being statutorily authorized under ORS 813.200(4)(a). Your guilty plea is held in abeyance during the diversion period. If you comply with the terms (no drinking is a new term effective in 2011 and an ignition interlock device became mandatory in 2012) and stay out of trouble, your DUI is dismissed at the end of one year.

There is a diversion fee of $490 that can be paid on a payment plan but must be paid during the yearlong program. Other fees in Oregon include a fee for the alcohol diagnostic assessment ($150), victim impact panel (between $5 and $50), and the actual weekly diversion classes (fees very depending on county).

Horizontal Gaze Nystagmus Test

Horizontal Gaze Nystagmus Test

Failing/Terminating Diversion

If you fail to comply with the terms of Oregon’s diversion program, the court could terminate your diversion and sentence you for the Driving Under the Influence of Intoxicants charge. The mandatory minimum for a DUII is two days jail or 80 hours community service work and a $1,000 fine. There’s an additional $2,000 fine if your BAC was 0.15% or higher. AND you still have to do the victim impact panel and alcohol treatment as part of probation.

The two most common reasons for failing the diversion program include getting a new DUII and missing diversion classes.

Do you need an attorney if diversion eligible?

People enter diversion every day without a lawyer. The paperwork is available at the courthouse. However, there are significant advantages to having an attorney look at your case before entering diversion. First, you will still be suspended by the Oregon DMV if you failed or refused the intoxilyzer; an attorney can defend you at the DMV hearing. Second, if you are not guilty (not driving, not impaired, less than 0.08% BAC, etc) but are charged anyway, the diversion process could prove an unnecessary and expensive inconvenience. Third, an attorney can review the case for possible suppression issues that could result in a dismissal or triable DUII case. Fourth, if there was an accident involved, you need to protect yourself from civil liability.

Do you need more information?

For more information about Oregon DUIIs, click here.

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  • Representative Cases

    DUII (Driving Under the Influence of Intoxicants)

    DUII - Eugene Railroad Tracks

    Client accused of driving on to railroad tracks when officer finds client exiting from the driver's side of a vehicle stuck on tracks 1/4 mile from the nearest road. Case dismissed after jury trial after discovery that law enforcement failed to investigate homeless witnesses who remember a woman driving a car through their bedroom at 3 a.m.

    DUII - Cottage Grove Railroad Tracks

    Client accused of turning down railroad tracks by mistake. Client claimed that the actual driver ran away from scene after getting stuck. Mistrial granted by judge then case dismissed after negotiations due to prosecutor failing to disclose a material witness who saw someone running from the direction of client's car a few blocks away from tracks..

    DUII - Refusal Due to Fear of Law Enforcement

    Client refused to blow after having one of friend's homebrew after work. Client's refusal of FSTs and intoxilyzer was due to lack of trust of law enforcement. Jury acquitted (found not guilty) after three hours of deliberations.

    DUII - Springfield Tavern Collision

    Client accused of driving his truck into the side of the bar causing damage and then fleeing scene. Law enforcement arrested him later at his home after he had some drinks at home. After a two-day Springfield Municipal Court jury trial, where cross-examination focused on the police officers' flawed investigation (by failing to investigate client's claims of drinking at home AFTER driving), and after less than thirty minutes of deliberation, the jury found him not guilty of DUII. Client did not testify.

    DUII - Car accident after Ducks game ends with dismissal

    Client was seriously injured and required a hip replacement after a driver ran a stop sign and collided with his car. Despite client not being at fault in the accident, a blood draw at the hospital purportedly showed that client had a greater-than .08% BAC and he was cited for DUII. Arnold Law conducted an investigation of the hospital blood draw procedures and obtained the user guide for the hospital's Beckman Coulter Chemistry Analyzer that was used for the blood test. We were prepared at trial to prove that Client's BAC was on its way up, that there was a delay in blood vial being tested that likely resulted in fermentation of the sample, and that the hospital blood test was not as accurate as a crime lab blood test which was not performed in this case. The case was dismissed two days before the jury trial.

    Diversion-eligible DUI dismissed

    Client accused of DUI after being stopped for entering a crosswalk while stopping at a red light. Client’s breathalyzer result was .05%, and he was still accused of DUII. Case dismissed after client rejected diversion and decided to proceed to trial with aggressive defense strategy and several witnesses willing to testify to his lack of intoxication on the night in question. Case resolved with a plea to a traffic violation and a fine.

    DUII/Hit and Run - Diversion on both counts

    Client accused of Driving while Intoxicated, crashing, and fleeing the scene. Case ended with a diversion on both counts, saving client’s employment and allowing client to have clean criminal record.

    DUII - Protecting professional licensing from state licensing board

    Professional client was accused of driving while intoxicated and crashing into a utility pole with .15% blood alcohol content. Client had prior DUII diversion. Case ended with client being able to keep professional license, dismissal of all citations, and minimum sanctions allowed by law.