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DUI Diversion

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JEFFERSON COUNTY DUI DIVERSION PROGRAM

Drunk Driving Diversion Program

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.

Are you eligible for diversion?

  • Offenders 18 years or older on date of offense with no criminal record (including no prior diversion on any misdemeanor or felony offense)
  • Legal resident of the U.S.
  • First offense DUI
  • BAC under .15 and no statutory aggravators
  • Must be in good physical condition, capable of performing moderate labor such as lifting, bending, picking up trash and walking for four hours or more.
  • Must enter Program within 45 days
  • You are charged with DUI.

A legal screening and NCIC are conducted by the Jefferson County Attorney’s Office within 2-3 weeks of your arraignment to determine eligibility. 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.

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.

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.

Phase I

  1. Within 30 days of entry into the County Attorney’s DUI Diversion Program, pay the program fee in full to the Jefferson County Attorney’s Office.
  2. Attend a five-hour Impact Session on the designated date, 12:00 – 5:00PM (check-in time begins at 11:30AM).
  3. Within three months of entry into the DUI Diversion Program, complete the alcohol/drug assessment and the recommended alcohol education program at a designated and approved provider.
  4. Within three months of entry into the DUI Diversion Program, complete 40 hours of volunteer work at any designated and approved governmental or charitable organization on the list provided by the program.
  5. Court Review Date: Are you in compliance?

Phase II

  1. Within nine months of entry into the DUI Diversion Program, complete 12 hours of community labor at approved events.
  2. Attend the annual MADD Candlelight Vigil. Participants are expected to assist MADD before and after the Vigil.Driver’s license may be picked up by participant from the Jefferson County Attorney’s Office, Hall of Justice, Basement, 600 W. Jefferson Street, between 1:00PM and 4:00PM, Monday – Friday, after the date given to you.

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 agrees to 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.

Inappropriate dress, behavior or language will NOT be tolerated. Proper attire is required for all future court dates.

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.

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, and work hard to achieve a much better outcome in your case than you can or will accomplish on your own.