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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23212
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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hi i am from oregon , i recieve a dui and was granted diversion,

Customer Question

hi i am from oregon , i recieve a dui and was granted diversion, however about 3 months later i got another dui. I Completed my diversion on the first offense and have a signed form stating i have completed it. I have never been in trouble in my life till these two dui's and am a productive citizen, do i stand a chance if i ask the judge from my first conviction to consider that i was going thru some very straining marital issues and have since joined aa and have been sober now for 90 days? If i were fortunate enough to be granted this, would it have an impact on my upcoming court appearance on the second dui charge? I am not asking for a break because i feel i am above the law, but i have changed my life and have no intention of drinking again, i feel jail time would be a waste and keep me from earning money and paying taxes and running my business. There were no injuries in either dui but i did have a bac of 2.2 and then 2.3. I had note from my community service supervisor that i was the best help she had ever had and i have many testiments that i am a responsible citizen that was going thru a rough time.
sincerely jeff

thanks jeff
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Hello Jeff,

If you successfully finished a diversion disposition for your first DUI before being arrested for another, your new one should not count as a second DUI, since you have no previous DUI conviction to enhance.

While it's good that you are regularly attending meetings and coming to terms with your own alcoholism, it's unlikely that the judge will credit you with being a changed person. In these kinds of situations, actions speak louder than words, and with a second DUI hard on the heels of the first one, in my experience, the court will be unlikely to believe that after 90 days, you are already fully rehabilitated. He may, however, show some leniency in sentencing if the law allows that based on the fact that you are working towards permanent sobriety and have expressed remorse and accountabiity for your actions.

Still, of course, you need to run anything you intend to say to the judge past your lawyer, and if he tells you that it's best that you rely on your right to remain silent and let him do the talking for you and if he explains why he doesn't think it's a good idea, then you should follow his advice. Anything you say in court can be used against you, while anything your lawyer says can't, and if you're looking for a dispostion, a lawyer can almost always get you a better deal than you would be able to do for yourself.

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