Monday, January 31, 2011
What Is DUI Diversion?
If you have never been convicted of DUI, have never entered into a diversion contract for DUI before, and were not involved in an accident or collision resulting in personal injury or death, you may be eligible to participate in a DUI diversion program. Diversion is essentially a contract between the county or city and the person charged with DUI in which the person charged gives up his or her right to a speedy trial and his or her right to a jury trial, in exchange for an opportunity to avoid a conviction for DUI. Under the diversion agreement, you will be required to pay a fine; attend an alcohol and drug safety action program or treatment program, or both; use no alcohol or drugs; and fulfill whatever other terms and conditions the city or state requires. If, at the completion of the diversion period, usually one year, you have completed all the requirements of the contract, the criminal charge of DUI is dismissed. If you do not successfully do all that is required of you under the contract, your case will be placed back on the trial docket and the criminal case against you will be reinstated and your trial will be conducted on stipulated facts.