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Your drunk driving charge must be a first DUI; otherwise you are not eligible in most cases. There are a few exceptions to this rule depending on state law. If you have attended a DUI class or completed a diversion agreement before, you may be eligible again if your last offense was more than 10 years ago. If this is the case, your current offense may be considered a first DUI for diversion program purposes. Since many states now require a guilty or no contest plea before you can enter a diversion program, it is best to consult with a DUI lawyer for advice on how to proceed before making any decisions. Remember that many states have a time limit on when you can file for a diversion program. Time is of the essence.