If you have been charged with driving under the influence of alcohol in Kansas, you may have seen or heard the term “diversion”. Diversion is an option which may be available to you if this is your first Kansas DUI. First-time offenders are likely to be eligible for diversion if they have not been convicted of DUI in Kansas or any other state, they have not pleaded no contest to charges of DUI in Kansas or any other state, and the incident which gave rise to the current DUI charges was not an accident which caused death or injury.
The decision regarding whether a particular DUI defendant is eligible for diversion is ultimately up to the individual prosecutor. In addition to the general requirements for eligibility, which are listed above, the prosecutor may consider other factors such as whether you are likely to be able to successfully complete diversion, mitigating circumstances which may exist, suggestions made by law enforcement officers as to whether they feel that you are an appropriate candidate for diversion, the likely impact that your diversion will have on the community, and any other factors which they deem relevant.
If you choose to resolve your DUI case through diversion, you will enter into a diversion agreement with the prosecutor. The agreement will contain terms which you are to abide by, as well as a period of time for which you must abide by the terms. Some common terms which are found in many diversion agreements include fines, regular check-ins with a diversion coordinator, community service, counseling, and refraining from drug and alcohol use. If you are successful in abiding by the terms of the diversion agreement for the specified length of time, then the prosecutor will dismiss the charges against you.
One advantage of choosing diversion is that your driver’s license will not be suspended as a criminal penalty. However, DUI defense in Kansas has two components, the criminal case, which could be taken care of through diversion, and the civil component, the administrative proceeding. It is important that you request an administrative hearing within fourteen days of being charged with driving under the influence of alcohol, or your license will be suspended.
A second benefit of choosing diversion is that you avoid going through the experience of going to trial. Another very important benefit which accompanies not going to trial to defend against DUI charges is that you avoid the risk of being convicted for DUI. If you successfully complete diversion and the charges are dismissed, you will not have a DUI conviction on your driving record.
Of course, even a successfully completed diversion is not without consequences. Your record will show that you were charged with the DUI, and, after your diversion is complete, it will show that you have completed diversion. It is also important that drivers who are thinking about choosing diversion understand that if they are charged with another DUI after successfully completing diversion, the diversion will be treated as a prior DUI conviction, exposing you to the penalties for a second-offense DUI.
Whether you are eligible for diversion or not, retaining a knowledgeable Kansas DUI Lawyer will give you your best chance at obtaining the best possible result in your Kansas DUI case. To learn more about how a Kansas DUI defense attorney can help you with your DUI case, please call our Wichita office today at (316) 264-1548.