DUII Information   |   434 NW 19th Avenue   |   Portland, Oregon  97209   |   503.546.2928   |   Diversion Information


David N Lesh
Oregon DUII Defense Attorney
Oregon Super Lawyer 2018, 2019, 2020, 2021, 2022

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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.





      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]

About the Author of the Oregon DUII Guide: 

David Lesh is a Portland attorney emphasizing DUII and criminal defense.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor and lawyer to the Portland Police Bureau.  He was named an Oregon Super Lawyer in 2018, 2019, 2020, 2021, and 2022.  His law practice has an A+ BBB rating.

Office Location:  434 NW 19th Avenue; Portland, OR  97209
Phone:  503.546.2928   |   Fax:  503.296.2935   |   Email: duii @ outlook.com (no spaces)

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"Can't recommend David Lesh more.  I've seen him get great results firsthand for his clients." 


A. Johnson

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Websites, including this one, provide general Oregon DUI information and processes but do not provide legal advice or create a lawyer / client relationship.  General information cannot replace legal advice specific to your case, problem, or situation.  Consult qualified Oregon attorneys for advice about any specific problem or DUI charge that you have.  Oregon attorneys are governed by the Oregon Code of Professional Responsibility.   This website may be considered an advertisement for services under the Code.  Information contained in this website is believed to be accurate but is not warranted or guaranteed in any way.  ORS 813010.


Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards.  © Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023  by David N Lesh, duii @ outlook.com.