Can I plea bargain down my DUII to a different or another lesser charge?

In Oregon, plea bargaining DUII charges is not allowed.  ORS 813.170.  Many states do allow pleading to a reduced charge on a drunk driving charge.  Washington and California are two examples.  Oregon does not allow this option.  However, Oregon does have a diversion program which other states (other than Kansas) do not offer.

PLEA AGREEMENT

      ORS 813.170 Plea agreement prohibited. (1) Notwithstanding ORS 135.405 to 135.445, a person charged with the offense of driving under the influence of intoxicants shall not be allowed to plead “guilty” or “no contest” to any other offense in exchange for a dismissal of the offense charged. No district attorney or city attorney shall make any motion and no judge shall enter any order in derogation of this section. This section does not prohibit diversion as provided under ORS 813.200.

      (2) Notwithstanding ORS 135.881 to 135.901, a person charged with the offense of driving under the influence of intoxicants shall not be allowed to enter into any program of supervised performance or diversion except as provided under ORS 813.200. [1983 c.338 §382; 1999 c.1051 §294]