Many counties in Kentucky offer DUI Diversion for first time offenses. What is a DUI or drunk driving diversion program, and who is eligible for diversion in Kentucky? A diversion program allows qualifying first-time DUI offenders to complete a rehabilitation program and avoid a permanent DUI record. Upon the successful completion of a qualifying DUI diversion program, the guilty plea for the DUI is set aside, and the case is dismissed. Two years after the date of dismissal, the offense becomes eligible for expungement.
To qualify for the program, one must be 18 years of age or older, have a Blood Alcohol Concentration (BAC) below 0.15, have no prior criminal convictions, and the DUI offense cannot include any “aggravating circumstances” under Kentucky law.
Aggravating circumstances include driving 30 mph or more above the posted speed limit, driving the wrong way on a limited-access highway, refusing to submit to testing, transporting a child under the age of 12 at the time of the stop, or being responsible for an associated accident resulting in serious injury or death.
DUI diversion for first time offenses requires a guilty plea on the criminal offense and you must surrender your driver’s license (operators license). Once you have signed the DUI Diversion agreement, the case is “continued” for three months, allowing you to complete the program after providing proof of compliance. Your case can then be “continued” for nine months until you provide proof of completion.
If you are charged with a new offense, cannot successfully complete the program, or the director of the DUI Diversion program determines you have failed to comply with program requirements, the DUI Diversion agreement is invalidated, and your original DUI case is returned to the trial court for sentencing.
There are two phases in the program of DUI Diversion for first time offenses. Phase I includes the requirement to pay the program fee in full, attend sessions, complete an alcohol/drug assessment, and a recommended alcohol education program. You must complete 40 hours of approved volunteer work within three months of program entry. The Court will establish a review date around the three-month mark to ensure you are in compliance with all requirements of the program.
Phase II must be completed within 9 months of entering the DUI Diversion for first time offenses. It requires 12 hours of approved community labor, as well as attendance at the annual MADD Candlelight Vigil (where you are required to assist before and after the vigil). If you fail to complete any of the requirements or comply with the program, or commit a new offense, the program director may impose appropriate sanctions or terminate your DUI Diversion.
My name is John Schmidt, and after more than 25 years of service in Jefferson, Bullitt, Hardin, Spencer, Shelby, and Oldham counties here in Kentucky, I can tell you this is an effective program for many first time DUI offenders. If you have been arrested and charged with a DUI, you will need the advice and counsel of an experienced, proven criminal defense attorney.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the advice and aggressive criminal defense you need and deserve. At the Law Offices of John Schmidt & Associates we bring more than 25 years of experience to your side of the equation, manage the situation you face and the allegations against you, and work hard to achieve a much better outcome in your case than you can or will accomplish on your own.
