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I just received my first DUI. Will i be able to qualify for diversion even if I had some type of diversion Approx 9 years ago?

Gresham, OR |
Filed under: First DUI

My diversion from the past was from a misdemeanor harassment charge, not a DUI

Attorney Answers 5

Posted

It depends on the specific facts. If it was a diversion for DUII in Oregon or a Deferred Prosecution in WA then I say No.

If it was another form of diversion involving a non-DUI them you may qualify for it.

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Posted

Thank you Nicholas. It WAS for a NON-DUI. This is my first and LAST DUI.

Posted

Oregon law provides that a person will be disqualified from participating in the DUII Diversion Program if the person was convicted of a DUII or participated in a DUII Diversion Program (or a similar program) within the 15 years prior to the current DUII arrest. Therefore, whether you qualify will depend on the type of Diversion you had previously.

Our office helps clients with DUII charges all the time. DUII charges can carry very severe consequences. You owe it to yourself to consult an attorney who is experienced and knowledgeable about this very specialized area of law.

Please feel free to give us a call if you would like to discuss your matter further.

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Posted

What signifies a "similar program"?

Mark C Cogan

Mark C Cogan

Posted

A "similar program" has been deemed to be a program in which the individual is court mandated to engage in substance abuse treatment, and who actually engages in such treatment, in return for leniency on a legal matter.

Posted

Your best bet is to talk to a local DUI attorney. You can use avvo to find a few, many of whom will offer a free consultation. Hire the best person for the job. Good luck.

Jasen Nielsen

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Posted

The case law and statutes are a little more convoluted than just suggesting that any non-DUI diversion would still put you in the clear. I would not bring this up in court - I would only speak in private with a DUII attorney about it before approaching your case. First, you need to have any serious criminal matter (even diversion is serious - it costs more than $1500 - requires you to plead guilty - put an IID in your vehicle - undergo treatment, etc...) reviewed by an expert in the field you are charged with. There are so many technical defenses and suppression arguments in the field of DUII that conferences could last weeks on the topic. It is important to have a DUII reviewed to make sure diversion is your best option.

Second, you might be able to avoid having to reveal the prior diversion if you are careful in approaching the court. A skilled attorney can let you know whether it is something that should be revealed or kept quiet. Best of luck to you.

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Posted

You may or may not be eligible for DUI diversion--it depends on the facts of your case and what you specifically did for your diversion for your Harassment. An experienced DUI defense attorney can help you understand your options and help you choose the best option for you.

***This is NOT legal advice, please consult an attorney for an answer tailored to your situation.***

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