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Does a DUII Diversion still affect your insurance?

Corvallis, OR |

I got a DUII and am currently on diversion. I have already completed all of the requirements, so I'm just waiting for December to roll around for my charges to be dismissed. My license was revoked at the time of my arrest, but my license was never suspended by the dmv or court and I was able to get a new license without being required to file an SR-22. I would like to start driving log truck when I am done with diversion and my case is dismissed. Will I be able to be insured once I have a CDL or will this DUII make it near impossible. Also, what if I bought a truck of my own, could I find a company to insure me?

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Attorney answers 3


It sounds like your license was revoked because of the incident but you never served your suspension time for some reason. If the revocation is still on your driving record, your insurance company may be able to use that in its determination to further insure you. In any event you should talk to your attorney as they are in the best position to assist you. Good luck.


Insurance companies make a rate determination in part by pulling your DMV record for the last 3 years. Odds are the DUII arrest / adjudication will show up there (prefaced with a date and then, "DUII-DIVR") and your insurance rates will be set pretty high. Why not get a quote or 3 before investing in a log truck? First call a few insurance companies and get quotes and see if your new career is feasible. You can also order your DMV driving record at any full service DMV for $3. Good luck!


This question is best asked of an experienced insurance agent, since the rates set by a private insurance company are not influenced by criminal defense attorneys! That being said, I have had clients who avoided DMV suspensions for breath test failures/refusals, done Diversion, and had no changes to their insurance rates whatsoever. Your driving (DMV) record should be clear (when you said they revoked your license at the time of the arrest, I think you mean they confiscated your license and issued you a permit... Since the suspension never went into effect, you should have received a replacement license). If the insurance company checks your criminal history, they will see a successful Diversion. It is up to them what to do with that. If you are asked questions, make sure you understand what you are being asked before answering. If you are asked if you have ver been arrested or charged or don a diversion for a DUI, the answer is "yes". If you are asked if you have ever been convicted of a DUI, the answer is "no". Good luck!

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