If I went through diversion 7 years ago and now have another DUI, is this considered a second offense?

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If I went through diversion 7 years ago and now have another DUI, is this considered a second offense?

Asked on May 3, 2012 under Criminal Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the prior DUI charge against you was dismissed after your successful completion of your diversion program, then the second DUI that you are writing about should not be considered a second offense for increased penalities in the event you are convicted of this charge.

The best way to answer your question is to pull your prior criminal file and see what the final disposition was. If you do not have a criminal defense attorney assisting you in the current DUI matter, you should at a minimum consult with one.


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