Oregon: Adult Diversion/Deferral Program (OR-D-1)

Records relating to an offense of driving while under the influence of intoxicants or operating a vehicle while having a blood alcohol content above that jurisdiction's permissible blood alcohol content are eligible for diversion within 30 days after the date of the defendant's first appearance on the summons and have their convictions be dismissed with prejudice upon successful completion of a diversion agreement. ORS § 813.200, ORS § 813.210, ORS § 813.215.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Yes

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Dismiss

Ineligible Category or Citation

See ORS § 813.215 (b)-(e) for ineligible offenses.

Procedure General

When the court allows a petition for a driving while under the influence of intoxicants diversion agreement filed as provided in ORS 813.210, the judge taking that action shall: (a) Accept the guilty plea or no contest plea filed as part of the petition for a diversion agreement but withhold entry of a judgment of conviction; and (b) Sign the petition and indicate thereon the date of allowance of the diversion period, the length of the diversion period and the date upon which the driving while under the influence offense occurred. ORS § 813.230.

Fees

The filing fee paid by a defendant at the time of filing a petition for a driving while under the influence of intoxicants diversion agreement as provided in ORS 813.210 is $490. ORS § 813.240.

Effect

The completion of the diversion agreement dismisses the charges with prejudice. ORS § 813.250.

Waiting Periods

There is no waiting period.

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