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How do I know if I am eligible for the Oregon DUII Diversion Program?

You may be eligible for a program known as "diversion." The successful completion of the DUII diversion program will result in the dismissal of your DUII charge. Diversion is the only alternative to taking your DUII to trial or pleading to your DUII charge.

You are likely eligible for diversion if you can meet all of the criteria listed below:

• You have no charge of an offense of DUII or its statutory counterpart in any jurisdiction, other than the charge for the present offense, pending on the date you file the petition for a DUII diversion agreement;
• You have not been convicted of an offense described (in the above paragraph) within the period beginning 10 years before the date of the commission of the present offense and ending on the date you file the petition for a DUII diversion agreement;
• You are not participating in a DUII diversion program or in any similar alcohol or drug rehabilitation program, other than a program entered into as a result of the charge for the present offense, in this state or in any other jurisdiction on the date you file the petition for a DUII diversion agreement;
• You did not participate in a diversion or rehabilitation program (described in above paragraph), other than a program entered into as a result of the charge for the present offense, within the period beginning 10 years before the date of the commission of the present offense and ending on the date you file the petition for a DUII diversion agreement;
• You have no charge of an offense of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in any other jurisdiction on the date you file the petition for a DUII diversion agreement;
• You have not been convicted of an offense described in paragraph (5) within the period beginning 10 years before the date of the commission of the present offense and ending on the date you file the petition for a DUII diversion agreement;
• You did not have a commercial driver license (CDL) at the time of the offense;
• You were not operating a commercial motor vehicle at the time of the offense; and
• The present DUII offense did not involve an accident resulting in:
• Death of any person; or
• Physical injury to any person other than yourself.

Entry into diversion does not affect other criminal charges (such as hit and run, reckless driving, or criminal mischief).