Sometimes, people who are charged with driving under the influence of alcohol have options that are available to them which are much more appealing than the standard penalties of fines and jail time. Diversion is one such option, and while it can be a wonderful opportunity for any DUI defendant who is eligible for it, it is important that drivers understand what diversion is so that they can decide for themselves whether it is something that they want to pursue.
Earlier this year, a men’s basketball player from Wichita State University was charged with DUI. The young man was offered diversion in exchange for admitting that he did drive while he was intoxicated, and he has entered into a diversion agreement. If he abides by all of the terms of the agreement for one full year, the DUI charges that were brought against him will be dismissed. If he does not abide by the terms of the agreement, the state can resume its pursuit of the DUI charges against him.
Diversion is a way for first-time DUI defendants to take responsibility for their actions and show the court that they have learned their lesson and that they will not drink and drive again. Each DUI defendant’s diversion agreement will contain terms that are unique to their situation and that are designed to encourage the development of more responsible behavior. Some of the things that may be offered for your diversion program include attending presentations, undergoing evaluation for alcohol and substance abuse issues, alcohol treatment programs, driver education classes, and random drug testing. Participants in diversion programs often have to pay fines and court fees, but the overall outcome is often much more appealing than fines paired with jail time, loss of driving privileges, or other consequences.
Drivers who are offered diversion should know that whether or not they are successful in fulfilling the terms of their diversion agreement, their driving records will show the DUI charges. If a driver completes diversion, their driving record will indicate that they completed diversion. Another important thing to know about diversion is that if a driver is charged with DUI after having completed diversion, the charges will be brought as a second offense DUI. Also, some drivers are not at all eligible for diversion, including those with prior DUI convictions, those who were involved in accidents involving injuries, or those who have commercial drivers’ licenses.
If diversion is an option in your DUI case, it is essential that you obtain a diversion agreement that will work for you. A Kansas DUI Defense Attorney can assist you in negotiating a fair diversion agreement that gives you a high likelihood of success. Your attorney can also help you decide whether diversion is the best option for you. If it is possible that your case could be dismissed because the prosecution lacks evidence, it may be best for you and your attorney to pursue dismissal or some other outcome instead of diversion. To learn more about diversion and other ways to address Kansas DUI charges, please call (316) 264-1548.