ORS 813.215
Eligibility for diversion


(1)

A defendant is eligible for diversion if the defendant meets all of the following conditions:

(a)

On the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement, the defendant had no charge, other than the charge for the present offense, pending for:

(A)

An offense of driving while under the influence of intoxicants in violation of:
(i)
ORS 813.010 (Driving under the influence of intoxicants); or
(ii)
The statutory counterpart to ORS 813.010 (Driving under the influence of intoxicants) in another jurisdiction;

(B)

A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of intoxicating liquor, cannabis, psilocybin, a controlled substance, an inhalant or any combination thereof; or

(C)

A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.

(b)

The defendant has not been convicted of an offense described in paragraph (a) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.

(c)

The defendant has not been convicted of a felony offense described in ORS 813.010 (Driving under the influence of intoxicants) (5)(a).

(d)

The defendant was not participating in a driving while under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program in this state or in another jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement. A defendant is not ineligible for diversion under this paragraph by reason of participation in a diversion program or any similar alcohol or drug rehabilitation program as a result of the charge for the present offense or a charge for violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21).

(e)

The defendant did not participate in a diversion or rehabilitation program described in paragraph (d) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement. A defendant is not ineligible for diversion under this paragraph by reason of participation in a diversion program or rehabilitation program described in paragraph (d) of this subsection as a result of the charge for the present offense or a charge for violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21).

(f)

The defendant had no charge of an offense of aggravated vehicular homicide or of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in another jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.

(g)

The defendant has not been convicted of an offense described in paragraph (f) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.

(h)

The defendant did not hold commercial driving privileges on the date of the commission of the offense.

(i)

The defendant was not operating a commercial motor vehicle at the time of the offense.

(j)

The present driving while under the influence of intoxicants offense did not involve an accident resulting in:

(A)

Death of any person; or

(B)

Physical injury as defined in ORS 161.015 (General definitions) to any person other than the defendant.

(2)

For the purposes of subsection (1)(a) of this section, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction.

(3)

A defendant is eligible for a second or subsequent diversion if the defendant meets all of the conditions of subsection (1) of this section and the defendant has not been convicted of any other criminal offense involving a motor vehicle within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for the second or subsequent driving while under the influence of intoxicants diversion agreement. [1987 c.441 §3; 1997 c.749 §5; 1999 c.445 §1; 1999 c.1051 §295; 2005 c.649 §29; 2007 c.122 §11; 2007 c.867 §14; 2007 c.879 §10; 2009 c.515 §1; 2013 c.134 §1; 2013 c.237 §28; 2016 c.24 §62; 2017 c.21 §85; 2021 c.253 §11]

Source: Section 813.215 — Eligibility for diversion, https://www.­oregonlegislature.­gov/bills_laws/ors/ors813.­html.

Notes of Decisions

Under this section, person who has participated in driving under influence diversion program in last 10 years is disqualified from another diversion even if previous program did not include drug or alcohol component. State v. Underwood, 91 Or App 668, 756 P2d 72 (1988), Sup Ct review denied

Court should not have used conviction as basis for mandatory denial of diversion where there was complete absence of any evidence that defendant voluntarily and intelligently waived right to counsel at time of that conviction. State v. Manfredonia, 105 Or App 537, 805 P2d 738 (1991)

Participation in “similar drug or alcohol rehabilitation program” includes program participation ordered for reasons other than DUII conviction. State v. Dunbrasky, 122 Or App 90, 856 P2d 1054 (1993); State v. Young, 196 Or App 708, 103 P3d 1180 (2004), Sup Ct review denied; State v. Lagrassa, 235 Or App 150, 230 P3d 96 (2010), Sup Ct review denied

Drug or alcohol rehabilitation program may be “similar” to diversion program, notwithstanding that sanction avoided through attending rehabilitation program was not criminal in nature. State v. Wright, 204 Or App 724, 131 P3d 838 (2006)

Person who holds, but is not qualified to use, commercial driver license is barred from entering diversion program. State v. Orueta, 343 Or 118, 164 P3d 267 (2007)

Barring commercial drivers from entering diversion program available to noncommercial drivers does not violate constitutional guarantee of equal protection. State v. Orueta, 343 Or 118, 164 P3d 267 (2007)

Statute of other jurisdiction may be “statutory counterpart” of Oregon statute for driving under influence of intoxicants if statutes share sufficient common uses, roles and characteristics, despite possible difference in substantive scope. State v. Rawleigh, 222 Or App 121, 192 P3d 292 (2008)

Diversion program means all special and general conditions that, if satisfied, permit defendant to avoid conviction. State v. Ellis, 224 Or App 478, 199 P3d 359 (2008), Sup Ct review denied

Participation in diversion or rehabilitation program requires interactive involvement with program. State v. Parker, 235 Or App 40, 230 P3d 55 (2010)

Statutory counterpart to ORS 813.010 in another jurisdiction may include statutory offense involving impaired driving of vehicle due to use of intoxicating liquor or involving operation of vehicle while having impermissible blood alcohol content. State v. Donovan, 243 Or App 187, 256 P3d 196 (2011)

When read with ORS 801.307, this section makes ineligible for diversion defendant to whom Oregon Department of Transportation issued commercial driver license where at time of offense, license was not expired, cancelled or revoked even though defendant did not meet all requirements to hold valid license. State v. Crisafi, 271 Or App 267, 350 P3d 519 (2015)

813.010
Driving under the influence of intoxicants
813.011
Felony driving under the influence of intoxicants
813.012
Crime classification for purposes of rules of Oregon Criminal Justice Commission
813.017
Arraignment
813.020
Fee to be paid on conviction
813.021
Requirements for screening interview and treatment program
813.022
Proof of treatment
813.023
Alternative payment methods for screening interview or treatment program
813.025
Designation of agency to perform screening interview and treatment program
813.030
Amount of fee
813.040
Standards for determination of problem condition involving alcohol, inhalants or controlled substances
813.050
Out-of-service orders for operators of commercial motor vehicles
813.055
Civil penalty for violation of out-of-service order or notice
813.095
Offense of refusal to take a test for intoxicants
813.100
Implied consent to breath or blood test
813.110
Temporary permit upon confiscation of license
813.120
Police report to department
813.130
Rights of and consequences for person asked to take test
813.131
Implied consent to urine test
813.132
Consequences of refusing to take urine test
813.135
Implied consent to field sobriety tests
813.136
Consequence of refusal or failure to submit to field sobriety tests
813.140
Chemical test with consent
813.150
Chemical test at request of arrested person
813.160
Methods of conducting chemical analyses
813.170
Plea agreement prohibited
813.200
Notice of availability of diversion
813.210
Petition
813.215
Eligibility for diversion
813.220
Matters to be considered by court in determining to allow diversion agreement
813.222
Right of victim to be present at hearing
813.225
Petition for extension of diversion period
813.230
Diversion agreement
813.233
Exemption from completing treatment program in this state
813.235
Attendance at victim impact treatment session as condition of diversion
813.240
Amount and distribution of filing fee
813.245
Booking
813.250
Motion to dismiss charge on completion of diversion
813.252
Motion to dismiss charge when minimal fine amount remains
813.255
Termination of diversion
813.260
Designation of agencies to perform screening interviews
813.270
Intoxicated Driver Program Fund
813.300
Use of blood alcohol percentage as evidence
813.310
Refusal to take chemical test admissible as evidence
813.320
Effect of implied consent law on evidence
813.322
Department of State Police rules regarding breath tests as evidence
813.324
Use of testimony from implied consent hearing as evidence in prosecution
813.326
Felony driving while under the influence of intoxicants
813.328
Notice of intent to challenge validity of prior convictions
813.400
Suspension or revocation upon conviction
813.410
Suspension upon receipt of police report on implied consent test
813.412
Role of police officer in implied consent hearing
813.420
Duration of suspension for refusal or failure of test
813.430
Grounds for increase in duration of suspension
813.440
Grounds for hearing on validity of suspension
813.450
Appeal from suspension for refusal or failure of breath test
813.460
Department procedures upon verification of suspension of driving privileges of wrong person
813.470
Department notation on record of person acquitted after suspension
813.520
Limitations on authority to issue hardship permit or reinstate driving privileges
813.599
Definitions
813.600
Ignition interlock program
813.602
Circumstances under which ignition interlock device required
813.603
Waiver of costs of ignition interlock device
813.604
Notice of court order
813.606
Exception for employee otherwise required to have device
813.608
Knowingly furnishing motor vehicle without ignition interlock device
813.610
Soliciting another to blow into ignition interlock device
813.612
Unlawfully blowing into ignition interlock device
813.614
Tampering with ignition interlock device
813.616
Use of certain moneys to pay for ignition interlock program
813.620
Suspension of driving privileges for failing to provide proof of device installation or for tampering with device
813.630
Notice of ignition interlock device installation and negative reports
813.635
Consequence for negative reports generated from ignition interlock device
813.640
Additional treatment following negative reports
813.645
Motion to vacate requirement to install and use ignition interlock device
813.660
Service center and manufacturer’s representative certification
813.665
Criminal background check for technicians
813.670
Complaint process
813.680
Ignition Interlock Device Management Fund
Green check means up to date. Up to date