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More Accepted to DUII Diversion Program


May 16, 2013, saw Governor Kitzhaber sign HB 2773 into law which expands the DUII Diversion Program to include defendants who in the past were excluded. Now, defendants who had completed a treatment program related to past charges of Minor in Possession of Alcohol or Possession of Less Than an Ounce will not be automatically excluded from entry into the DUII Diversion Program.

DUII Diversion is generally available to persons charged with DUII where the following apply:

  • it is their first offense
  • no one was injured
  • they have not had a prior diversion for DUII in any state

This new law removes the restrictions of the DUII Diversion Program where the person has completed a treatment class for a non-DUII-related offense.

Treatment classes are often a way to help people not only better themselves, but improve their court sentence as well. As a result of the new law, prior participants in such classes will not be penalized if they get a DUII charge. Rather, they will be eligible for Diversion like other first-time DUII offenders.

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