Oregon dui diversion and double jeopardy

were your previous convictions in OR? If they are not showing up on your DMV abstract, that does not mean they are not showing up on the NCIC--the national criminal database that is kept by the FBI--to which all criminal convictions are reported. I seriously doubt that the prosecution will not learn of your priors. And I doubt you will be offered a diversion. I do not think the your situation invokes double jeopardy at all because you are not being put more than once in jeopardy for the same offense. My advice is that you contact a good DUI attorney in the jurisdiction where you received the DUI to handle your defense. Particularly because you have prior offenses, which can elevate the penalties.

If you have a prior DUII conviction in Oregon within the past 15 years, you are not eligible for the diversion program. To enter diversion you have to swear under oath that you are eligible. You are committing perjury if you know that you are not eligible and swear to a judge that you are eligible. I highly advise that you meet with a local criminal defense attorney before you decide to do anything. You are right to be hesitant in waiving your rights in this matter. If you have a single prior conviction and not a prior diversion, this will be treated as a second DUII conviction with heightened penalties and fines.

First, the easy part. You asked: "If I plead guilty and am offered diversion should I take it even though I am not eligible?" NO. Lying in court = BAD IDEA. And you'd have to lie to get into diversion, by swearing you've never had a DUII in the past 15 years. Second, your idea that, "Obviously it will be in my best interest to plead guilty if I am charged with a first or second offense dui instead of a third." I'm not sure your idea is obvious, or even smart, here. There are many reasons to fight a DUII, reasons that you or even many generalist lawyers wouldn't see. Contact a good attorney who specializes in DUII, sit down with them for what is probably a free hour consult, and walk out of there knowing a lot more than you'll know from internet queries. Get a good lawyer NOW.

Lying under oath on your diversion eligibility form is a Class C felony. So that's a bad idea, and no attorney is going to assist you in doing that. Pleading guilty may or may not be a good idea. You have a pretty complicated situation. It sounds like it's possible that your prior may be out of state. Which means they may or may not be predicate offenses for either a felony DUII charge on Oregon, or the lifetime license suspension that comes along with a third DUII conviction. Because you have to many moving parts to your case, and the consequences of making the wrong decision here are so dire, you really need to get an experienced DUII attorney. You have so much to lose if you make the wrong choice. Felony conviction. Lifetime license suspension. Several months in jail. Call around and get prices. A lot of attorneys will charge a flat fee. We do. If you can't afford it, apply for court appointed counsel.