Driving Under the Influence of Intoxicants, or DUII, is taken seriously in Oregon. Unlike many traffic-related crimes, it carries strict penalties and can have lifelong affects. For people pulled over for DUII for the first time, however, there is an option called Diversion. Diversion can help avoid many of the harsh penalties that come with a DUII conviction. Diversion is a one-year program that requires participation in alcohol treatment, fees of a few hundred dollars, attendance at a Victims Impact Panel, and installation of a Ignition Interlock Device (IID) in any car that will be driven during the Diversion period.
Who Is Eligible for Diversion?
Diversion is an opportunity for someone arrested for DUII for the first time to complete treatment in order to avoid a conviction. To qualify for Diversion, the person must not have had any convictions for DUII (in Oregon or elsewhere) for the last 15 years. The person also can’t have done court-ordered alcohol or drug treatment for the last 15 years. The person also cannot hold a CDL (commercial drivers license) or have been driving a commercial vehicle at 
the time of the drunk driving. Finally, to qualify for Diversion there can’t have been any assaults or injuries as a result of the DUII arrest. There are some other factors that may keep a person out of Diversion, though a good attorney can fight against these. It’s important to speak to an experienced DUII attorney to determine whether you will qualify for Diversion.
What Are the Benefits of Diversion?
There are many benefits to the Diversion program. First, there is no license suspension in the Diversion program (but be sure to speak to an attorney about whether DMV is suspending your license for a different reason!). Second, a DUII conviction generally has a minimum fine of $1,000, but that fine isn’t imposed if the person enters Diversion. Finally, if the person successfully completes the Diversion program, the case will be dismissed and the person will not be convicted of DUII. Not having a conviction can be especially huge if the person is ever arrested for DUII again, as the penalties for DUII get worse the more times a person is convicted.
Diversion Isn’t for Everyone
While Diversion is a good option for many, it isn’t for everyone. If you have a strong case for the DUII, then it may be better to fight the charge at trial and possibly get all of the charges dismissed outright. If you win at trial, then you could still have the opportunity to participate in Diversion in the future should you ever get arrested again. It’s important to speak to an experienced DUII attorney before deciding to enter Diversion to decide whether it’s the right choice for you based on the facts of your specific case.