Oregon duii diversion forms 2025

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There is no expungement process available for DUI convictions in Oregon. A DUI charge which is dismissed via diversion also stays on your record permanently, but importantly it is not marked as a conviction.
If you successfully complete diversion, your charge will be dismissed. No conviction. No additional penalties (fines, suspension, jail). If you fail diversion, you will be convicted of the DUII charge and sentenced without a trial.
Do not use any alcohol or other intoxicant (includes marijuana) during the term of the diversion agreement. Comply with state laws that prohibit the use of intoxicants. You can use: Sacramental wine given or provided as part of a religious rite or service.
However, the arrest and participation in the diversion program remain on your record permanently and cant be expunged under current Oregon law. This means that while you avoid a conviction, the fact that you were arrested and entered into the diversion program will always be part of your record.
DUI (Driving Under Influence) or DWI (Driving While Intoxicated) does not apply to Oregon. Instead, DUII (Driving Under the Influence of Intoxicants) is the term that describes impaired driving. In most DUII cases, the sole factor responsible for influence is alcohol, marijuana, , meth, and inhalants.

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If you dont complete the program requirements within the 12-month period, the court will terminate your diversion agreement. This means your original DUII charge will be reinstated, and youll face the penalties associated with a DUII conviction.
You must file Petitioners Diversion Agreement and Defendants Declaration of Eligibility and plead guilty or no contest. The court will hold the plea during the term of diversion. If you complete the diversion program within the time allowed, you must file a motion to dismiss the charge of DUII.
But if you fail to complete a diversion program, the criminal laws of most states say that your criminal case will then move forward as if the diversion program never existed.

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