Guide to DUIs in Oregon

A DUI can be dismissed in Oregon if you participate in the DUII Diversion Program, which requires the following:

• Paying diversion fees: Unless you’re low-income, you’ll pay a $490 filing fee, plus fees for your court-appointed attorney.
• Paying restitution: If the victim suffered economic damages due to your DUI, you’ll have to pay restitution in full.
• Completing a drug and alcohol abuse assessment and treatment: You need to pay $150 for an assessment and complete the treatment the agency or organization recommended. The treatment cost will vary, but you’ll be responsible for it, whether you pay immediately or in installments over time.
• Doing a victim impact panel: The court may require you to attend a victim impact panel and pay a fee from $5 to $50.
• Not using alcohol or other intoxicants: The only drugs or alcohol you can consume are sacramental wine as part of a religious rite/service, alcohol/controlled substance taken as directed with a valid prescription or nonprescription drugs that contain alcohol, as long as you’re following the directions on the labels.
• Alerting the court of your mailing address: The court must know your current mailing address at all times.
• Installing an approved ignition interlock device: The court may require you to order and install an ignition interlock device. You’ll be responsible for the installation, lease and maintenance costs, but these fees can be waived if you’re low-income.

However, not everyone is eligible to participate in this diversion program. To be eligible, you must:

• Have never been convicted of a felony DUI anywhere in the United States
• Have no other pending charges against you or convictions in any place that involve operating a vehicle while under the influence of alcohol or other intoxicating drugs
• Not be participating in another DUI diversion program or similar drug or alcohol rehabilitation program unless it’s a result of this DUI charge or a charge for a minor in possession of alcohol or haven’t participated in the past 15 years
• Have not been convicted of:
  • Aggravated vehicular homicide
  • Any criminal offenses involving a motor vehicle for second and subsequent diversions
  • Assault that results from operating a motor vehicle
  • Criminally negligent homicide
  • Manslaughter
  • Murder
• Have not had any deaths or injuries due to your DUI offense
• Not have commercial driving privileges at the time of the offense
• Have not been operating a commercial vehicle at the time of the offense

According to the Portland-based DUI law firm Romano Law, you can beat a DUI with the following defense strategies, provided they are rooted in fact:

• The blood test was incorrect, unlawful or contaminated.
• The field sobriety test was administered involuntarily or improperly.
• The Miranda Rights were not given or were given improperly.
• There was no evidence of driving or operating a motor vehicle.
• There was no or not enough probable cause for the DUI arrest.
• There was no reasonable suspicion for the traffic stop.
• There wasn’t enough evidence of intoxication.
• You were not advised of your implied consent rights.
• You have a medical condition.
• You were not given the opportunity to communicate with a lawyer.

For a first and second DUI offense in Oregon, you can get your license back following one and three years, respectively, after you pay the reinstatement fee on the DMV2U website (https://dmv2u.oregon.gov/eServices/_/).

For third and subsequent offenses, your license revocation will be permanent, but 10 years after your parole/driver’s license suspension ends, you can petition the court to restore it.

In Oregon, hardship permits allow people with suspended licenses to drive under the following circumstances if they’re:

• Caring for older family members
• Commuting to and from work
• Driving to medical appointments
• Driving themselves or their kids to school
• Finding a job
• Going grocery shopping
• Participating in an alcohol, drug or gambling addiction program
• Working

You won’t be able to get a hardship permit for second or subsequent DUI offenses, however — only first offenses. To check if you’re eligible, contact Oregon’s DMV by calling (503) 945-5000.

Here’s how to apply for a hardship permit if you’ve found you’re eligible:

1. Fill out the hardship permit application via https://www.oregon.gov/odot/Forms/DMV/6044fill.pdf.
2. Pay the $50 application fee and the $75 reinstatement fee (a total of $125) by check or money order.
3. If it’s required, install an approved ignition interlock device.
4. Include an SR-22 and employment verification, if applicable.
5. Send the application, fees and documentation to the following address:
   • DMV – Driver Suspension Unit
   • 1905 Lana Ave. NE
   • Salem, OR 97314

If you prefer, you can also apply in person by making an appointment with your local DMV. See locations at https://dmv2u.oregon.gov/eServices/_/#1.