Thank you for your patience as I reviewed this; Under the diversion program, since a no contest or guilty plea is suspended until the diversion program is complete, upon completion there is no conviction and the case is dismissed with prejudice- meaning that the particular case cannot be re-tried. Since there is no conviction, it does not count as a DUI. The arrest record still remains. Relevant statutes are here
The diversion program does not exclude prior participants:
Here are the penalties for first time offenders:
The statute only references convictions, not charges:
In addition to any other sentence that may be imposed, the court shall impose one or more of the following fines on a person convicted of driving
while under the influence of intoxicants as follows:(a)For a persons first conviction, a minimum of $1,000.(b)For a persons second conviction, a minimum of $1,500.(c)For a persons third or subsequent conviction, a minimum of $2,000 if the person is not sentenced to a term of imprisonment.
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