We help clients get into the Jefferson County DUI Diversion program on a regular basis. We work hard to help clients understand the process, what to expect and what happens next.
We follow through with our clients throughout the year long process and, to date, our candidate graduation success rate remains nearly perfect. Inappropriate dress, behavior or language will NOT be tolerated. Proper attire is required for all future court dates. Our experience is your peace of mind. Put our experience to work for you today.
Are you eligible for diversion?
If you have been recently charged with DUI 1st offense with a BAC under 0.15 and you are an adult at the time of the offense who is in good physical condition with no criminal record and a legal resident of the US, then you may be eligible for the Jefferson County Attorney’s DUI Diversion Program. Good physical condition means capable of performing moderate labor such as lifting, bending, picking up trash and walking for four hours or more.
If you have a criminal history including charges previously diverted, then be completely up front with your attorney because your criminal history will be reviewed when the County Attorney orders an NCIC report.
A National Crime Information Center (NCIC) report is a computerized index of criminal justice information; in this case, the report contains your criminal record history information.
Even if you meet the criteria above, you are disqualified if the DUI resulted in an accident involving any injury to person or damage to property exceeding $1,000, if you have a felony companion offense, if you refused the BAC or have any aggravator.
How does it work?
If you retain us, then we meet you at our office conveniently located on block from the courthouse with off-street parking. We take you over to court and we meet with the prosecutors and work to get you into the program. If you are accepted on the condition that your criminal background checks out, then we will do the arraignment and come back in 2-3 weeks on a Monday.
At our second visit to court, you will need to find a way to and from court that does not involve you driving. You will either be accepted into the program or rejected because your NCIC report shows that you had a prior diversion on any misdemeanor or felony offense or a prior criminal conviction (excluding minor offenses, e.g. traffic violations).
If accepted, then we will enter the program by entering a guilty plea that will be held in abeyance until you complete the program and you will surrender your license at that time for 30 days. You will also attend an orientation that lasts for about an hour. Plan to be at the courthouse from 9am until noon that day. If you are not eligible, you are prosecuted as usual.
Upon admission, you will …
- plead guilty to DUI 1st Offense
- surrender your operators license
- sign the DUI Diversion agreement.
The case is continued for three months for proof of compliance which shows in the system as a Court Review Date.
The program director holds the license in his desk drawer, so you will get the license back in 30 days. Although the suspension is not reported to the Department of Transportation, the program director has a zero tolerance policy so driving any motorized vehicle can get you kicked out of the program.
A fireman was kicked out of the program for driving the engine around a parking lot, and, yes, it is possible to get a DUI for driving a golf cart through a subdivision, so don’t take the risk.
If after three months you are on-track with the DUI Diversion program, the case is then continued for nine months for proof of completion. If you are charged with a new offense or if the director of the DUI Diversion Program determines that you have failed to comply with the program, then the DUI Diversion agreement will be terminated and your DUI case will be returned to court for sentencing.
Upon completion of the program, the guilty plea is set aside and the DUI case is dismissed with a stipulation of probable cause and with an agreement that the dismissal will not be expunged for a period of two years from the date of your dismissal.
Within 30 days of entry into the County Attorney’s DUI Diversion Program, you must pay the program fee in full to the Jefferson County Attorney’s Office and attend a five-hour Impact Session on the designated date, 12:00 – 5:00PM (check-in time begins at 11:30AM).
Within three months of entry into the DUI Diversion Program, you must …
- complete the alcohol/drug assessment and the recommended alcohol education program at a designated and approved provider, and
- complete 40 hours of volunteer work at any designated and approved governmental or charitable organization on the list provided by the program.
If you are in compliance at your Court Review Date after three months in the program, then you enter Phase II. In Phase II, you must …
- complete 12 hours of community labor at approved events within nine months of entry into the DUI Diversion Program, and
- attend the annual MADD Candlelight Vigil. Participants are expected to assist MADD before and after the Vigil.
If you fail to complete any listed requirements or receives any new charges while completing the DUI Diversion Program, the program agreement will be terminated, and the case will be returned to court for formal sentencing.
The director of the DUI Diversion Program reserves the right to impose appropriate sanctions in lieu of termination from the DUI Diversion Program based on the nature of the new offense or lack of compliance.
If you are charged with a new DUI charge, then the DUI Diversion Program agreement will be terminated and you will be sentenced on the original DUI charge to a $500 fine, a $375 service fee, court costs, an alcohol education program, 120-day operator’s license suspension and 30 days to serve in the Jefferson County Jail. You will be prosecuted as usual for DUI Second Offense on the new DUI charge.
Upon successful completion of the program, the guilty plea is set aside and the DUI case is dismissed with a stipulation of probable cause and with an agreement that the dismissal will not be expunged for a period of two years from the date of your dismissal.
Our experience with DUI defense is your peace of mind. Put our experience with driving under the influence (DUI) defense to work for you today.
ZKVVHDX7KT33If you are in Kentucky, then I’d recommend that you call my office at 502-587-1950 or 502-509-1490 to schedule a consultation if you have an agreement, parenting schedule or court order to discuss your options.