Eugene Man Takes DUII Diversion Agreement, While Facing Charges from January Traffic Stop



Eugene, Or. - On April 14, 2025, Rio C. McWilliams, 55, agreed to a guilty plea on hold in Eugene Municipal Court concerning a DUII charge stemming from a January 1, 2025, incident, thus entering into a DUII Diversion agreement*. He also pleaded no contest to careless driving, receiving a $334 fine, while charges for speeding and resisting arrest were dismissed.

The incident, according to police, began at 2:52 p.m. on January 1, when a Eugene Police Traffic Safety Unit officer observed McWilliams speeding east in a Tesla on W. 7th Avenue near Polk Street. After stopping in the middle of the W. 7th Avenue and Washington Street intersection, McWilliams was directed by the officer’s air horn to move to the far-right lane. Suspecting impairment, the officer attempted to detain McWilliams, who resisted and failed to comply with instructions. 

Officers used a taser in drive stun mode and pepper spray to gain compliance. McWilliams continued to resist three officers after being removed from his vehicle but was eventually taken into custody. Eugene Springfield Fire medically cleared him before a DUII investigation was conducted at Lane County Jail. He was, at that time, released and cited for DUII, resisting arrest, speeding, and careless driving.

Information from EPD and Eugene Municipal Court records

*A DUII Diversion is a program in Oregon that allows eligible individuals charged with Driving Under the Influence of Intoxicants (DUII) to avoid a formal conviction by completing a court-approved rehabilitation process. Here’s a concise explanation based on Oregon law and practices:
What is DUII Diversion?
The DUII Diversion program is a voluntary agreement where a defendant pleads guilty or no contest to a DUII charge, but the court delays entering a conviction. Instead, the defendant enters a diversion agreement, typically lasting 12 months, during which they must complete specific requirements. If successful, the DUII charge is dismissed, and no conviction is recorded. If the defendant fails to comply, the court may terminate the diversion and proceed with a conviction.
Eligibility
To qualify for DUII Diversion in Oregon, a defendant generally must meet the following criteria:
  • No prior DUII-related offenses: No DUII convictions, diversions, or similar offenses within the past 15 years.
  • No commercial driver’s license (CDL): CDL holders are typically ineligible.
  • No serious injuries or fatalities: The DUII incident must not have caused serious physical injury or death to another person.
  • No pending felony or misdemeanor charges: The defendant must not have other unresolved charges at the time of application.
  • Timely filing: The defendant must file a petition for diversion within 30 days of their first court appearance, unless extended for good cause.
Requirements of the Diversion Program
Participants in the DUII Diversion program typically must:
  1. Pay fees: A filing fee (around $490 as of recent Oregon court data) and any treatment program costs.
  2. Complete an alcohol and drug evaluation: An assessment to determine the level of substance abuse treatment needed.
  3. Participate in treatment: Attend and complete a court-approved substance abuse treatment program, which may include classes, counseling, or support groups.
  4. Install an Ignition Interlock Device (IID): If required, install an IID on their vehicle to monitor sobriety.
  5. Abstain from alcohol and non-prescribed drugs: Participants must avoid intoxicants during the diversion period.
  6. Comply with court conditions: Attend all required court hearings and check-ins, and avoid new criminal offenses.
Outcomes
  • Successful completion: If all requirements are met within the diversion period (usually 12 months), the court dismisses the DUII charge, and no conviction is recorded. However, the arrest and diversion may still appear on certain background checks.
  • Failure to comply: If the defendant violates the terms (e.g., fails treatment, uses alcohol, or commits new offenses), the court may revoke the diversion, enter a guilty verdict, and impose penalties, including fines, jail time, or license suspension.
Benefits and Considerations
  • Benefits: Avoids a DUII conviction, which can carry significant consequences like higher fines, longer license suspensions, and increased insurance rates.
  • Considerations: Diversion requires strict compliance, and participants must cover costs for treatment and fees. It’s also a one-time opportunity; future DUII charges are unlikely to qualify for diversion.
For specific details or eligibility in a case like Rio C. McWilliams’, consulting an attorney or contacting the court is recommended, as requirements and processes may vary slightly by jurisdiction. For more information, visit Oregon’s court website (courts.oregon.gov) or contact legal aid services.

Michael Weber, known for his extensive coverage of crime news in Lane County, continues to provide valuable updates to the local community. He runs the largest crime watch group in Lane County, Lane County Mugshots Uncensored, which currently has over 87,000 members. Support for local journalism is essential, and donations can be made via Venmo to @Michael-Weber-379 (last four digits of phone number: 0825).

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