The DUII diversion program is a criminal court program designed for anyone charged with a first time DUII. The program lasts a minimum of one year and upon successful completion, the individual will graduate from the program and the charges will be dismissed.
In order to be considered for the diversion program, you must appear in court on the day and time of your scheduled first appearance or have a good reason to excuse your failure to appear.
You or your attorney must also file the Uniform DUII Diversion Petition and Agreement within 30 days of your first appearance, or be able to demonstrate good cause why you weren’t able to file in that time frame.
Many conditions and requirements are laid out for the diversion program and may vary based on participant. Some of the following conditions may be considered:
Individuals may be asked not to use any alcohol or intoxicant during the diversion agreement with the exception of sacramental wine given during religious rites or services or drugs taken as directed both prescription and non-prescription.
Participants are often requested to complete an alcohol and drug assessment paid for from their own funds. Individuals are sometimes also asked to complete a alcohol or drug treatment program as well. The individual must pay for all program fees.
In addition, he or she may also be asked to attend a Victim’s Impact Panel and pay the associated fees.
If you are eligible to participate, you will find out at your arraignment. You must generally complete all aspects of the program required of you within one year’s time. Once you complete the program and being in the program for a year, your diversion will automatically terminate and the DUII charge will be charges.
If you are facing a first time DUII, contact our experienced criminal defense attorneys. We can discuss the diversion program and explore if it is right for you.