Diversion Program in KansasYou have been arrested for DUI in Kansas and believe you are doomed to have a DUI on your record forever and suffer all of the consequences that accompany that mistake.
However, if this is your first offense, you could qualify for a diversion program that is a win for the state of Kansas and a win for you and your future.
What is a diversion program?The Kansas DUI diversion program is a contract between the driver accused of DUI and the Prosecutor (either of the municipality or the county) where the defendant forfeits his rights to have a jury trial and a speedy trial. Instead, he admits he is guilty of DUI and consents to be supervised for approximately one year and fulfill certain obligations. In that year, the defendant could complete the following:
- Payment of all fees associated with the program
- Submit to evaluation by a trained professional
- Attend a DUI victim impact panel
- Successfully complete a drug/alcohol program that is recommended by the evaluator
- Abstain from alcohol/drugs during the entire process
- Report regularly to a diversion supervisor who will monitor your progress and make sure you are in compliance (random urine tests for drugs and alcohol)
Are all first-time DUI offenders eligible?The prosecutor has all the authority when it comes to who is able to qualify for the diversion program. There are some things that could disqualify you:
- Previous DUI conviction
- If at the time of your arrest, you were involved in an accident where someone was injured
- Extremely high BAC
- If you possess a Commercial Drivers License
- If you were confrontational or argumentative with police