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I am in a pretrial diversion on a DUI arrest. Will this have an effect on my car insurance?

Waller, TX |

I was arrested and it took 15 months to get a decision from the prosecutor. Received 24 hours comm service, DUI class, D&A eval and VIP. Along with that I received 18 mon supervision. Parole officer says I should have gotten 6 months. First time offender, no criminal record. Nearly 47 years old. Lawyer said he would file an for license renewal. DPS says that did not happen. Didn't blow and no blood.

Attorney Answers 3

  1. Best answer

    If you are on a pre-trial diversion then you have not been convicted. It is difficult for anyone to tell yo what your insurance company will do. Your probation officer does not understand that you were given an opportunity to keep an alcohol related incident off your record. Most people that receive such an offer from the state are first time offenders. It is unlikely that you would have received that offer with anything on your record. Your license was administratively suspended for 180 days for refusing to provide a sample of your breath. You need to file for an occupational driver’s license. You will have to pay a filing fee to file a petition for the driver's license. The attorney that represented you can do that for you. You should discuss it with him. Maybe he is just waiting for the filing fee. You license after the six months should be returned, assuming that do not mess up the pre-trial diversion. Good luck.

    Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not intended to be a binding legal opinion nor to create an attorney-client relationship.

  2. Check your policy as this is a decision that will be made by your insurance provider. The policy will likely have a chart explaining the effect of various convictions or accidents on your policy. If it does not, the insurance companies' website may have a link to that information, or your agent may be able to provide that information to you.

    That said, I cannot think of any car insurance company that does not place motorists convicted of any alcohol or drug related riving offense in a high risk pool. This results in much higher premiums (think double). It is also commonplace for carriers to "drop" motorists so convicted. I hate to be the bearer of bad news, but you should prepare for one or the other of these to happen.

  3. Apparently you need a good lawyer and to be suspicious of the parole [probation?] officer. Lawyer doesn't just "file an for license renewal', you need a restricted occupational license and you would know if it had happened. Find someone to do it for you or get it straight with the lawyer. The parole officer has no business telling you what judge/DA/your lawyer should have done in your case. He/she can't know and, even if they have an educated idea, they should keep their mouth shut. Find someone who will help with the ODL and get you on the right path.

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