BECK, Judge:
The issues in this case involve questions of (1) whether a person with prior driving under the influence of alcohol or controlled substances convictions under 75 Pa.Cons.Stat. Ann. § 3731 (Purdon Supp. 1988) may obtain a preliminary disposition in lieu of criminal proceedings under the drug dependent statute 35 Pa.Stat.Ann. § 780-118(a) (Purdon
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