DUI Diversion Programs: What They Are and How They Work

States take drunk driving seriously and impose strict penalties for DUI convictions. Penalties include fines and possible jail time. However, everyone makes mistakes. If this is your first offense, you may receive a second chance. This is the rationale behind DUI diversion programs.

DUI diversion programs are a form of pretrial diversion that requires you to complete the program to have the DUI charges dropped. Requirements include DUI classes, alcohol treatment, submission to random urine tests, and community service. DUI diversion is an excellent opportunity for first offenders to avoid having a DUI conviction on their criminal record.

If you want to avoid a criminal conviction after a drunk driving arrest, talk to an experienced DUI defense attorney for legal advice.

Are You Eligible for DUI Diversion?

The eligibility requirements vary by state and sometimes by county within a state. Generally, diversion programs are limited to first-time offenders. There are also differences in how willing a state’s attorney is to come to a diversion agreement with you.

Most states also limit DUI diversion to cases where your blood-alcohol concentration (BAC) is below a certain level, often 0.15 percent. They are also limited to cases where no one was seriously injured or killed in a DUI accident.

Other aggravating factors also determine eligibility. This can include a prior felony, the drugs or intoxicants involved, or if there was a child in the motor vehicle at the time of arrest.

Depending on the state, the court may first require the offender to enter a guilty plea to a DUI offense and admit responsibility, even if the charges are ultimately dropped. This is also referred to as deferred adjudication. This could present a problem if the defendant fails to complete their responsibilities under the DUI diversion program. They may lose their chance to fight the DUI charges because they have already admitted guilt.

How Do DUI Diversion Programs Work?

The most common type of diversion program involves a suspended sentence. In this case, the court orders the suspension of a DUI sentence while the defendant completes their DUI diversion obligations. By suspending the sentence (instead of dropping charges), the court can adjudicate the case if the defendant fails to meet the program requirements. The defendant will be subject to the original sentence.

The diversion program usually includes:

• DUI classes
• Substance abuse treatment program
• Community service (such as highway cleanup or speaking publicly about the dangers of drunk driving)
• Payment of fines
• Random urine tests
• Victim impact panel

Once you meet all the conditions of diversion, the court will usually dismiss the charges. Some jurisdictions also allow you to expunge the DUI arrest entirely. In other states, there will be a record of the charge and successful completion of the program.

Drivers may still have to face a driver’s license suspension or revocation of driving privileges. A criminal defense attorney can help if you’ve been accused of impaired driving. A DUI defense lawyer can explain how criminal charges work in conjunction with DUI diversion programs.

The state’s attorney usually determines the conditions of the pretrial diversion program and whether to accept a given defendant. Some states leave that decision up to the court.

State Examples of DUI Diversion Programs

Since the availability and terms of diversion programs differ by jurisdiction, the best way to describe how these programs work is to provide state-specific examples. Ensure you check your state’s laws or speak with a DUI attorney since statutes are subject to change, and not all DUI cases are alike.

For example, in some counties in Florida, you must have fewer than two prior misdemeanor convictions. You must have completed no more than one prior diversion program, and the facts of the case must show that you are a good candidate for the program. After successful completion, the court will dismiss your DUI charge.

In Pennsylvania, you can be eligible if you have completed no more than one such program in the past ten years. It is not available if there are children under 14 in the vehicle. You have to plead guilty, and the court will drop the charges upon completion of the program. You can also expunge the record of the DUI complaint.

In Oregon, you cannot have a prior DUI in the past 15 years. Courts decide who is accepted into the program. It would be best if you pleaded guilty or no contest. The court will dismiss the case after completing the program and a one-year probationary period. During that period, you must install an ignition interlock device (IID).

How Can a DUI Defense Lawyer Help?

A drunk driving conviction will leave a mark on your criminal record. First-time DUI offenders can avoid a criminal history with a DUI diversion program. A DUI defense attorney can explain your options and negotiate with the prosecutor to help you get deferred prosecution. Contact an experienced DUI lawyer after a drunk driving arrest.