What is DUI Diversion
Some states have a special option for first time DUI offenders call a DUI Diversion Program. If you do not have a past conviction, have not been on diversion before, and your arrest wasn’t the consequence of an accident, you might be eligible for such a program. Kansas and Oregon are two states that have DUI Diversion programs, while other states have a more general differed prosecution programs for first time offenders.
Specifically, the diversion program is an agreement whereby giving up your right to a speedy trial and trial by jury, you can avoid a DUI conviction. You will nevertheless have to pay fines, in addition to attending alcohol and drug educational classes, and agreeing to abstain from all drugs and alcohol for the duration of the diversion program (typically 1 year).
Expect to be placed under supervision of an diversion officer who may order random drug and alcohol screenings throughout the period of your diversion. If for some reason your fail to meet the requirements of the program, i.e. have your diversion revoked, your criminal case will be begin again. Also the diversion will not have any impact on your DMV administrative hearing and your driver’s license will be suspended or revoked per your states laws.
One last observe concerning these kind of programs, if at a later date you are charge with another DUI or DWI, your before differed conviction will nevertheless be counted as your first charge and you will be treated as a multiple DUI offender.