Diversion FAQs

What is DUI diversion in Oregon?

• Diversion is a program for some first-time DUI offenders (and others that have not been convicted of DUI within 15 years) to avoid criminal conviction.
• Diversion involves a year-long agreement with the court. If you successfully complete all the requirements your DUI charge is dismissed.
• The main requirements are drug/alcohol evaluation and treatment, attendance at a victim’s impact panel, and payment of a filing fee.
• Not everyone is eligible for DUI diversion and depending on the facts of your case and/or your criminal history, the prosecutor may object.

Oregon’s DUII Diversion Program is a way for some defendants to resolve a DUII charge without criminal conviction. The program involves a one-year agreement with the court where you are expected to complete a number of requirements – these include evaluation and substance treatment, attending a victim impact panel, and payment of the $490 filing fee. You also must install an ignition interlock device in any car you drive through the diversion period. Assuming all goes well with the program, at the end of that year your case can be dismissed. Eligibility can depend on the facts of your case, but you are barred from diversion if you have had a DUI in the last fifteen years or if you have a commercial driver’s license. Diversion is a great option for some cases, but it involves waiving your ability to challenge the charges, and the arrest remains on your record. It is best to weigh the options with the guidance of an experienced DUI attorney that can fully evaluate the evidence and give you personally tailored advice.

What is the DUI diversion timeline?

• You have 30 days from the date of your arraignment to enter the DUI diversion program in Oregon.
• The court date after arraignment is usually the time where you are expected to opt in or out of diversion. This court appearance has different titles depending on the court.
• It is best to make the decision about diversion once you and your attorney have thoroughly reviewed discovery ((written reports and other evidence) and considered all of your options.
• If the DA’s office has been slow to provide discovery or there are other special circumstances your lawyer can ask the court for an extension.
• Diversion itself lasts for one year from the date of entry.

After a DUII arrest in Oregon, you usually have a few weeks to seek legal counsel and prepare yourself to address the charge(s) against you. Your first court date is arraignment, and you must enter the diversion program within 30 days from that date. Between arraignment and your subsequent court date you should be able to review all the evidence with your attorney and make an informed decision. This timeline can be extended in certain circumstances, and in certain jurisdictions it is regularly. Your DUI lawyer will give you advice specific to your situation. The diversion program itself lasts for one year, but in special circumstances this can be extended. 

How does Reynolds Defense Firm help clients complete diversion?

• Most Oregon courts strongly dissuade folks from representing themselves in criminal matters for good reason.
• There are many common errors that a non-lawyer can stumble into causing real legal consequences.
• Not everyone is eligible for the diversion program, and it is not the best option for every case.
• Many attorneys consider their work done once you enter the diversion program, but even if you do everything correctly, common clerical mishaps can lead the court to try and convict you.
• Reynolds Defense Firm retains an active role in clients’ cases, helping them navigate any challenges along the way, with step-by-step guides, checklists, and detailed explanations about every requirement.

Most Oregon courts strongly discourage people from representing themselves in DUI diversion cases — and for good reason. Navigating the legal system without experienced legal guidance frequently leads to common mistakes with serious consequences. It is also important to consider that not everyone qualifies for the diversion program, and even for those who do, it may not be the best choice for their case. That said, not all attorneys are equal when it come to Oregon DUI cases — some law firms consider their job done once a client enters diversion, even though problems can still arise (even if you follow all the rules) due to clerical errors or misunderstandings. At Reynolds Defense Firm, we stay actively involved throughout the entire process. We provide step-by-step guides, checklists, and clear explanations to help clients meet every requirement and address any challenges that come up along the way. 

Is there diversion for reckless driving or other DUI-related charges?

• Many DUI’s in Oregon come along with charges such as Reckless Driving, Recklessly Endangering Another Person, Criminal Mischief, Hit and Run (Fail to Perform Duties of a Driver), or Attempting to Elude.
• Diversion is just a program for resolving DUI charges, so it does not typically automatically resolve other charges you may be facing.
• Your entry into the diversion program can be part of a settlement for all of your charges which your attorney negotiates with the prosecutor.
• In some jurisdictions there is a separate agreement where Reckless Driving charges can be dismissed pending your success in DUI diversion.

In Oregon, a DUI charge frequently comes with additional charges such as Reckless Driving, Recklessly Endangering Another Person, Criminal Mischief, Hit and Run (Fail to Perform Duties of a Driver), or Attempting to Elude. The diversion program is designed specifically to address DUI charges, so it usually does not automatically resolve other charges you may be facing. However, your attorney may be able to negotiate a settlement with the prosecutor that covers all of your charges, including diversion for the DUI charge. In some jurisdictions, there is a separate plea agreement that allows Reckless Driving charges to be dismissed once you successfully complete DUI diversion.

For more on Reckless Driving charges, and other common charges in DUI cases, go here.

Can the prosecutor keep me from the diversion program?

• It is up to a judge to decide whether or not to allow you into the diversion program.
• The prosecutor and your lawyer can make arguments at a contested diversion hearing.
• Your lawyer can advise you about things you can do to help a contested hearing be successful.

Being technically eligible for diversion in Oregon doesn’t necessarily mean you get in. If the district attorney objects to you entering the diversion program due to the facts of your case or your criminal history, the final decision will still rest with a judge. In that situation, both the prosecutor and your attorney can present arguments at a contested diversion hearing. Your lawyer can also advise you on steps you can take beforehand to strengthen your case and improve your chances of a successful outcome at the hearing. 

How much treatment is required for DUI diversion?

• The length of your treatment program depends on what your treatment provider determines is needed.
• The minimum length of treatment is 90 days. 6 months or longer is not uncommon, so you do not want to delay engaging in treatment.
• Failed UA’s or missed appointments can lengthen the treatment period and/or prompt the court to try and kick you out of diversion.

The length of your drug/alcohol treatment program in DUI diversion depends on the assessment and recommendations of your treatment provider. The minimum requirement in Oregon is a 90-day program including demonstrated abstinence from intoxicants, However, treatment programs lasting six months or more are not uncommon — which is why it’s important to start treatment right away once you enter diversion. Missed appointments or failed drug or alcohol tests can extend your treatment period, and in some cases, may even lead the court to try to revoke you from the diversion program and convict you of DUI.

What is the IID I’m required to use in diversion?

• The ignition interlock device (IID) is connected to your car’s ignition system, and it will not let your car start if you blow alcohol into the machine.
• Failed blows, missed blows, tampering with the machine, and missed appointments with your IID provider can all prompt the court to try and kick you out of diversion.
• The IID records video, so you cannot have someone else blow into the machine for you if you are driving.
• You are required to have an IID installed in any car that you drive during diversion. Anyone that drives your car must use it as well.
• There are some exemptions for work vehicles. Consult with your legal team to see if this applies to you.

An ignition interlock device (aka IID) is a device the connects to your car’s ignition system, and it won’t let your car start if it detects alcohol on your breath. Failing blows, missing blows, tampering with the machine, and missing appointments with your IID provided can all prompt the court to attempt to revoke you from diversion. It is important to note that the IID records video of each test, so you cannot have someone else do the testing for you. The IID must be installed in any car you drive during the diversion period, and anyone else who drives your car needs to abide by the rules also (or else you could get into trouble). You may be able to get an exemption for work vehicles if you use a company car. Make sure to consult with your legal team about IID issues before entering diversion so there are no surprises. 

For more in-depth information about IID devices, read our client guide here.

Can other people use my IID?

• Other people can drive your car with an IID installed, but they will need to blow according to the machine’s prompts.
• If someone else blows alcohol into your IID, that can trigger complications.
• You cannot have someone else blow into the machine before you drive because it records video.
• There are ‘rolling re-tests’ periodically while you drive, and video is recorded for those as well.

Yes, other people can drive your car with the ignition interlock device (IID) installed, but they must provide a breath sample whenever the device prompts. It is important to note that if someone else blows alcohol into your IID, it can create complications for your case. You also cannot have another person blow into the device before you drive, as the system records a short video during each test. Additionally, “rolling re-tests” occur periodically while the vehicle is in motion, and those are also recorded on video. In short, others can drive but you need to be careful!

For helpful advice about talking to family about your IID, read this blog post.

Can I get the IID removed from my car during diversion?

• If 6 months have passed without IID problems, and you have completed your main diversion requirements, then you can petition the court for early removal.
• Your IID provider will need to provide a ‘No Negative Report’ which will be filed with the court, along with other documents.
• Do not remove the IID without written court approval – this can trigger the court to try and kick you out of diversion.
• The process for IID removal varies from court to court, so check with your legal team for the latest resources.

If you’ve had no IID issues for six months and have completed your primary diversion requirements, then you should be able to petition the court for early removal. Your IID provider will need to submit a “No Negative Report” to the court, along with other required documents. It’s important not to remove the IID without written court approval, as doing so could lead the court to try to kick you out of the diversion program. The exact process to vacate the IID requirement can vary by jurisdiction, so be sure to consult your legal team for the most up-to-date guidance.

Are there travel restrictions in DUI diversion?

• Once you have formally entered the diversion program, there are no restrictions to your travel.
• It is up to you to make sure that any travel plans do not interfere with your treatment or other diversion obligations.
• If you have travel plans, make sure to coordinate with your legal team so they can advise you.
• Using intoxicants is a violation of your diversion agreement no matter where you are.

Once you’ve officially entered the diversion program, the court does not put restrictions on traveling out of state. However, it’s your responsibility to ensure that any travel plans do not interfere with your treatment schedule or other diversion obligations. If you plan to travel, coordinate with your legal team so they can advise you and help avoid potential conflicts. You also must remember that using intoxicants is a violation of your diversion agreement — no matter where you are.

What if I fail in diversion?

• If the court gets notice that you have violated any of the terms of your diversion agreement, they will attempt to kick you out of the program and convict you of DUI.
• If you have problems along the way in diversion do not delay in contacting your attorney. They want you to success and are there to advise you the best path forward in any situation.
• If you are pulled into court for a Show Cause Hearing or Diversion Revocation Hearing, make sure you have an experienced DUI lawyer to work to keep you in the program or at least minimize the negative consequences.

If the court is notified that you’ve violated any terms of your diversion agreement, they will attempt to revoke you from the program and convict you of DUI. If they are successful, you would face sentencing and a non-expungable criminal conviction on your record. This is why it is so important to contact your attorney right away if you encounter any problems in the diversion program. If you are called into court for a Show Cause Hearing or Diversion Revocation Hearing, having the guidance of an experienced DUI lawyer is essential to help you stay in the program and avoid the worst consequences.

What are Diversion Revocation proceedings?

• An “Order for Show Cause’ is the court trying to kick you out of the diversion program and convict you of DUI.
• Consult with your legal team immediately if you get notice of a show cause hearing.
• The most common causes for ‘Diversion Revocation’ or ‘Show Cause’ proceedings are failure to complete one of the diversion requirements or IID violations. The paperwork from the court usually lists the specific reason.
• Your lawyer will advise you as to the best course of action for your specific situation.

An “Order for Show Cause” means the court is considering removing you from the diversion program and convicting you of DUI. If you receive notice of a Show Cause Hearing, contact your legal team immediately. The most common reasons for “Diversion Revocation” or “Show Cause” proceedings are failing to complete one of the diversion requirements or violating IID rules. The court’s paperwork will usually list the specific reason. Your lawyer can review your situation and advise you on the best course of action to avoid conviction.

Can I clear my record after diversion?

• Unfortunately, no. You cannot clear your record of the fact that you were arrested or that you did the diversion program.
• Having a DUI diversion on your record is much better than a criminal conviction.
• Expungements are only possible if you win at trial or after DUI arrests that are never formally charged.

Unfortunately, in Oregon you cannot clear your record of the DUI arrest or that you completed the DUI diversion program. However, having a DUI diversion on your record is much less impactful than a criminal conviction. You can clear your record via expungement if you are arrested for DUI but never formally charged by the prosecutor. Similarly, if you win at trial via a “not guilty” verdict or dismissal, then you can file expungement paperwork to clear your record. 

Read this blog post discussing how long a DUI stays on your record in Oregon.