What is the DUI Diversion Program?
Diversion is a contract between the prosecutor and the person charged with DUI or REFUSAL in which the person charged gives up his or her right to a speedy trial and his or her right to a jury trial in exchange for an opportunity to avoid a conviction.
Under the diversion agreement, you will be required to:
- pay a fine;
- attend an alcohol and drug safety action program, treatment program, or both;
- use no alcohol or drugs;
- and fulfill whatever other terms and conditions the prosecutor requires.
If, at the completion of the diversion period (usually one year) you have completed all the requirements of the contract, the criminal charge of DUI or REFUSAL will be dismissed. If you do not successfully do all that is required of you under the contract, your case will be placed back on the trial docket, the criminal case against you will be reinstated and your trial will be conducted on stipulated facts Although upon successful completion of diversion the criminal case is dismissed, the diversion will show up on your record, and it can be used as a prior conviction for enhancement in any subsequent prosecution for DUI/REFUSAL.
Am I Eligible for the DUI Diversion Program?
If you have never been convicted of DUI or REFUSAL, nor participated in a prior DUI or REFUSAL diversion program, and you were not involved in an injury accident, you may be eligible to participate in a diversion program.