Frequently Asked Questions
What is DUII diversion? 
DUII diversion is a program created by Oregon statute which provides that your DUII charge will be dismissed after one year if you complete certain requirements. In order to successfully complete diversion, you must complete the following steps:
1) pay the court the required diversion fees,
2) complete an alcohol and/or drug evaluation and treatment program,
3) attend a Victim Impact Panel,
4) comply with state laws that discourage the use of intoxicants while operating a motor vehicle,
5) do not operate a motor vehicle with any intoxicant in your blood system or while using intoxicants. If you have completed these requirements after one year, the court will dismiss the DUII charge against you.
What are the benefits of the DUII diversion program?
The primary benefit to DUII diversion is that your license will not be suspended for one year. Oregon statute provides that the court must impose a one-year driver's license suspension for a first-time DUII conviction. Secondly, if you successfully complete the DUII diversion program, you will avoid having a criminal conviction on your record. Avoiding a conviction is an important benefit to this program because DUII convictions can not be expunged from your permanent record, e.g. this conviction can never be removed from your driving and criminal record.
When I was arrested, I received some paperwork stating that my driver's license was suspended. How long do I have to challenge this license suspension?
You have ten days to challenge this suspension. There are two institutions that have the power to suspend your license: 1) the Department of Motor Vehicles, and 2) the court. When you either give a breath test with a result over a .08 or refuse a breath test, the officer who arrested you will give you paperwork stating that your license has been suspended for anywhere between ninety days and three years. This is a DMV suspension. You may challenge this suspension by requesting an administrative hearing, but you must request this hearing within ten days of your arrest.
If my license is suspended, can I get a hardship permit to drive to and from work?
If your license is suspended, you can apply to the Department of Motor Vehicles (DMV) for a hardship permit which allows you to drive to and from work. In order to obtain a hardship permit, you will need 1) a signed letter from your employer verifying the days and hours of your employment and 2) an SR22 (an SR22 may be obtained from your insurance agent). If you are applying for a hardship permit as a result of a driver's license suspension from a DUII conviction, you must have the judge who sentenced you sign your hardship permit application. You may also apply for a hardship permit if your license was suspended because of a failed or refused breath test.
Will I go to jail if I plead guilty to DUII?
In most circumstances, DUII is a Class A misdemeanor punishable by up to one-year in jail and a fine of $6250. Serving one-year in jail on a DUII is an unlikely outcome unless you have many prior DUII convictions. The law requires that the court impose a mandatory minimum sentence of either 2 days jail or 80 hours community service for a first-time DUII conviction (entry into the diversion program does not count as a first-time DUII conviction). Additionally, the court has the discretion to sentence you to more than two days in jail on a first-time DUII conviction if it chooses. Jail time for DUII increases significantly if you have prior DUII convictions.
Will I lose my license if I plead guilty to DUII?
Any time you plead guilty to DUII (other than for entry into the diversion program), the court will impose a driver's license suspension. For first-time DUII convictions, the driver's license suspension is for one-year. Generally, driver's license suspensions for DUII increase depending on your number of prior convictions and the frequency of those convictions. The court could order a lifetime driver's license revocation on your third or subsequent DUII conviction.
Can a DUII ever be a felony?
Per Oregon law, DUII is a Class C felony if the current DUII was committed in a motor vehicle and you have three prior convictions within ten years for: DUII in Oregon or the statutory counterpart in another state and/or a conviction for operating a vehicle, aircraft, or boat while under the influence of intoxicants in Oregon or another state.
