You 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)
If you fulfill all of the requirements, the Prosecutor will dismiss the case and there will be no DUI conviction on your record. However, the DUI will still be on your driving record. If you are later arrested and charged with another DUI, the diversion will count as a prior conviction, and the latest DUI will be treated as a second offense.
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 Driver’s License
- If you were confrontational or argumentative with police
What happens if I do not complete the Kansas DUI diversion program?
If you fail to complete all terms of the diversion program, the criminal case against you will be reinstated. Additionally, at your trial, you will not be able to cross-examine witnesses or present any evidence that is meaningful in your defense.
Diversion programs have proved to be successful in other states. They have reduced the DUI recidivism rate and even helped to cut down on DUI related stops and accidents.
In many cases, diversion in Kansas is the best option if it is available. However, you should always consult with an experienced DUI attorney who can look at your specific situation and help determine the best course of action for you and your future. If, after studying your case, your attorney believes that diversion is the best option, he can lead you through the process and negotiate the terms that are best for you.
- Kansas CDL and DUI Conviction (duiattorneyhome.com)
- Second DUI – will I go to jail? (duiattorneyhome.com)
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