Driving Under the Influence of Intoxicants (DUII): Diversion Eligibility in Oregon

1. No Pending DUII Charges: The defendant has no pending charges for DUII (alcohol, drugs, or a combination) in Oregon or another jurisdiction.
2. No Recent DUII Convictions: The defendant has not been convicted of any DUII-related offenses (including alcohol, cannabis, or controlled substances) within 15 years before the current offense.
3. No Felony DUII Convictions: The defendant has not been convicted of a felony DUII offense.
4. Not Currently in a Diversion Program: The defendant is not currently participating in a diversion or rehabilitation program for DUII or a similar program for alcohol/drug use.
5. No Serious Prior Offenses: The defendant has not been convicted of serious offenses such as aggravated vehicular homicide, manslaughter, or assault resulting from vehicle operation.
6. No Commercial Driver Status: The defendant was not a commercial driver or operating a commercial motor vehicle at the time of the offense.
7. No Serious Accidents: The current DUII offense did not result in the death or physical injury to anyone other than the defendant.

Additionally, if the defendant is applying for second or subsequent diversion, they must meet all the above criteria and have no other motor vehicle-related criminal offenses in the past 15 years.

By meeting these conditions, the defendant can potentially avoid a conviction and participate in diversion programs, which may include education, treatment, and other rehabilitative measures

Having an experienced Oregon criminal defense attorney on your side can significantly impact the outcome of your case, including determine your eligibility for diversion and guide you through the process. Contact us today for a free consultation at 541-508-4716.