Whether or not you are diversion eligible for a DUI diversion depends on your answers to all of the following questions.
- Have you been convicted of a DUI in the last 15 years?
- If this DUI involved an accident was anyone besides yourself harmed? (the degree of harm is considered, but the bar is pretty low)
- Do you hold a commercial drivers license?
- Have you been ordered by a court to attend and participated in a multiple session drug or alcohol treatment program? (A yes to this question isn’t necessarily a disqualifier.
A “yes” answer to any of the above questions generally would mean that you are ineligible for a DUI diversion. However, each of these rules have nuances which could depending on the circumstances not bar your entry into diversion.
For further reading: http://www.oregonlaws.org/ors/813.215