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second DUI (but first one was diversion and not a conviction)

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sadiesimpson

Junior Member
What is the name of your state (only U.S. law)? Oregon

I am wondering if someone can help regarding a DUI in Oregon. My friend got a DUI in 2006 and successfully completed the diversion program in one year. So the DUI doesn't show as a conviction on her record. She just got a second DUI. But that doesn't count as a "second" conviction but as a "first" because she did diversion right? She and I are just hoping someone can tell us more as we really want an idea of what she is up against for sentencing (jail time, license taken away, treatment, etc).
Thank you!What is the name of your state (only U.S. law)?
 


JETX

Senior Member
My friend got a DUI in 2006 and successfully completed the diversion program in one year. So the DUI doesn't show as a conviction on her record. She just got a second DUI. But that doesn't count as a "second" conviction but as a "first" because she did diversion right?
Wrong. She may not have a conviction, but the court has access to the records showing that this is her SECOND criminal conduct. The first 'dismissal' was a courtesy to learn from her mistake. Clearly, she didn't.
 

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