813.230
Diversion agreement; record; duration; effect of denial. (1) 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.
(2) The petition
when signed and dated becomes the diversion agreement between the defendant and
the court. The court shall make the agreement a part of the record of the case.
The court shall notify the Department of Transportation of the diversion agreement
in a form agreed to by the department and the State Court Administrator within
48 hours after allowing the petition. The department shall make the fact of the
diversion agreement a part of the defendant’s operating record.
(3) A driving
while under the influence of intoxicants diversion agreement shall be for a
period of one year after the date the court allows the petition. During the
diversion period the court shall stay the driving while under the influence of
intoxicants offense proceeding pending completion of the diversion agreement or
its termination.
(4) When the
court denies a petition for a driving while under the influence of intoxicants
diversion agreement, it shall continue the offense proceeding against the
defendant. The guilty plea or no contest plea filed as part of the petition for
the diversion agreement may not be used in the offense proceeding under this
subsection. [1983 c.338 §372; 1985 c.16 §193; 1985 c.710 §7; 1993 c.751 §71;
2003 c.816 §4]
Notes of Decisions
Cited in
25
cases (
5 in the last 5 years), 1986–2026 · leading case:
State v. Colgrove, 521 P.3d 456 (Or. 2022).
State v. Colgrove, 521 P.3d 456 (Or. 2022).
· cites it 6× “However, if a defendant has fully complied with and performed the conditions of the diversion agreement, the 1 There is an exception that is inapplicable in this case. See ORS 813.225(7) (exception for certain members of the military).”
State v. Maul, 132 P.3d 665 (Or. Ct. App. 2006).
· cites it 3× “” The court is permitted to extend that one-year deadline: “Within 30 days prior to the end of the period of a driving while under the influence of intoxicants diversion agreement described in ORS 813.230, a defendant may apply by motion to the court in which the diversion…”
State v. Gaino, 149 P.3d 1229 (Or. Ct. App. 2006).
· cites it 2× “The state argues that the right to counsel only applies to critical stages of a “criminal prosecution,” and that, because the court “stay[s] the proceeding pending completion of the diversion agreement or its termination,” ORS 813.230(1) (2001), there was no pending “criminal…”
State v. Wright, 131 P.3d 838 (Or. Ct. App. 2006).
“The diversion agreement provides that the defendant shall plead guilty and participate in a court-ordered treatment program in exchange for the court suspending entry of a judgment of conviction.”
State v. Brown, 772 P.2d 429 (Or. Ct. App. 1989).
· cites it 2× “He entered into a diversion agreement pursuant to ORS 813.230. As a condition of diversion, he was to complete a counseling program.”
Dyrdahl v. Dep't of Transp., 131 P.3d 770 (Or. Ct. App. 2006).
“200; ORS 813.230. If the driver completes the diversion program successfully, the circuit court will dismiss the charge, and the driver will not have been convicted of DUII.”
State v. Romanov, 149 P.3d 1224 (Or. Ct. App. 2006).
“We begin with the diversion proceeding. Under a diversion agreement, a defendant pleads guilty and participates in court-ordered treatment in exchange for the court suspending entry of a judgment of conviction.”
State v. Donathan, 383 P.3d 946 (Or. Ct. App. 2016).
“ORS 813.230(l)(a). If the petitioner completes diversion, the DUII charge is dismissed with prejudice.”
State v. Rowland, 228 P.3d 670 (Or. Ct. App. 2010).
“See ORS 813.230(3) (providing for one-year diversion period).”
State v. Lagrassa, 230 P.3d 96 (Or. Ct. App. 2010).
“ORS 813.230. If the defendant fails to fulfill the conditions of a diversion agreement, including completion of a drug or alcohol rehabilitation program, the court terminates the diversion, enters the DUII guilty or no contest plea, and sentences the defendant.”
State v. Lindholm, 346 Or. App. 386 (Or. Ct. App. 2026).
· cites it 5× “In pleading guilty, defendant reserved his right to challenge the trial court’s denial of his request for DUII diversion under ORS 813.230. It is undisputed that defen- dant was ineligible for diversion at the time of his hearing because he had a separate DUII charge pending in…”
State v. Soto, 343 P.3d 666 (Or. Ct. App. 2015).
“210; ORS 813.230. Because defendant could not afford to pay for the treatment required in diversion, the trial court eventually terminated the diversion agreement and entered the plea of no contest.”
— Or. Rev. Stat. § 813.230(1) — 5 cases
State v. Colgrove, 521 P.3d 456 (Or. 2022).
“However, if a defendant has fully complied with and performed the conditions of the diversion agreement, the 1 There is an exception that is inapplicable in this case. See ORS 813.225(7) (exception for certain members of the military).”
State v. Gaino, 149 P.3d 1229 (Or. Ct. App. 2006).
“The state argues that the right to counsel only applies to critical stages of a “criminal prosecution,” and that, because the court “stay[s] the proceeding pending completion of the diversion agreement or its termination,” ORS 813.230(1) (2001), there was no pending “criminal…”
State v. Maul, 132 P.3d 665 (Or. Ct. App. 2006).
“” The court is permitted to extend that one-year deadline: “Within 30 days prior to the end of the period of a driving while under the influence of intoxicants diversion agreement described in ORS 813.230, a defendant may apply by motion to the court in which the diversion…”
State v. Lindholm, 346 Or. App. 386 (Or. Ct. App. 2026).
“In pleading guilty, defendant reserved his right to challenge the trial court’s denial of his request for DUII diversion under ORS 813.230. It is undisputed that defen- dant was ineligible for diversion at the time of his hearing because he had a separate DUII charge pending in…”
— Or. Rev. Stat. § 813.230(1)(a) — 3 cases
— Or. Rev. Stat. § 813.230(2) — 9 cases
State v. Colgrove, 521 P.3d 456 (Or. 2022).
“However, if a defendant has fully complied with and performed the conditions of the diversion agreement, the 1 There is an exception that is inapplicable in this case. See ORS 813.225(7) (exception for certain members of the military).”
State v. Brown, 772 P.2d 429 (Or. Ct. App. 1989).
“He entered into a diversion agreement pursuant to ORS 813.230. As a condition of diversion, he was to complete a counseling program.”
State v. Lindholm, 346 Or. App. 386 (Or. Ct. App. 2026).
“In pleading guilty, defendant reserved his right to challenge the trial court’s denial of his request for DUII diversion under ORS 813.230. It is undisputed that defen- dant was ineligible for diversion at the time of his hearing because he had a separate DUII charge pending in…”
— Or. Rev. Stat. § 813.230(3) — 7 cases
State v. Colgrove, 521 P.3d 456 (Or. 2022).
“However, if a defendant has fully complied with and performed the conditions of the diversion agreement, the 1 There is an exception that is inapplicable in this case. See ORS 813.225(7) (exception for certain members of the military).”
State v. Maul, 132 P.3d 665 (Or. Ct. App. 2006).
“” The court is permitted to extend that one-year deadline: “Within 30 days prior to the end of the period of a driving while under the influence of intoxicants diversion agreement described in ORS 813.230, a defendant may apply by motion to the court in which the diversion…”
State v. Rowland, 228 P.3d 670 (Or. Ct. App. 2010).
“See ORS 813.230(3) (providing for one-year diversion period).”
— Or. Rev. Stat. § 813.230(l)(a) — 1 case
State v. Donathan, 383 P.3d 946 (Or. Ct. App. 2016).
“ORS 813.230(l)(a). If the petitioner completes diversion, the DUII charge is dismissed with prejudice.”
— Or. Rev. Stat. § 813.230(l)(b) — 1 case
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