DUII Diversion Eligibility

You may be eligible for “diversion” if this is your first DUII arrest. Diversion is an extensive treatment program that lasts one year and will require regular testing for drugs and alcohol and participation in group and individual treatment sessions. If completed successfully, the DUII charge will be dismissed.

State law outlines several requirements to be eligible, including:

• You have no pending charges, other than the present charge, for DUII offenses;
• You have not been convicted of a DUII offense anytime from 15 years prior to the present offense to the date of application;
• You have not been convicted of a felony DUII offense;
• You are not currently participating in a DUII diversion program or similar alcohol or drug rehabilitation program in Oregon;
• You have not previously participated in a diversion or rehabilitation program;
• You have no pending charges in Oregon or another jurisdiction for aggravated vehicular homicide or murder, manslaughter, criminally negligent homicide, or assault resulting from operation of a motor vehicle;
• You have not been convicted in Oregon or another jurisdiction of aggravated vehicular homicide or murder, manslaughter, criminally negligent homicide, or assault resulting from operation of a motor vehicle from 15 years prior to the present offense to the date of application;
• You did not hold commercial driving privileges on the date of the present offense;
• The offense did not involve an accident that resulted in death or physical injury to any person other than yourself.