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If you've recently been arrested and/or charged with a DUI offense, especially if it is your first time or the offense is a misdemeanor, you may be eligible to qualify for a DUI diversion program. Read on to learn what these are and how they work for you.

What Exactly Is a DUI Diversion Program?

In a standard DUI diversion program, you will be required to meet certain conditions that are stated in an agreement. These conditions could be performing community service, going to AA meetings or completing rehabilitation classes. Once the conditions have been met on your end at the end of the period indicated in the diversion program agreement, the judge or prosecutor may dismiss the drunk driving charge. You may also be able to pursue the expungement or sealing of the record, which may be beneficial for employment and rental applications.

Why Are These Programs Even Offered?

Everyone makes mistakes, and judges and prosecutors realize this. By allowing a person to enter into a DUI diversion program, it allows the individual to rehabilitate himself or herself and demonstrate that he or she can behave responsibly.

You May Still Have to Plead Guilty

Each state has a different set of rules for their DUI diversion programs. Some may require that you plead guilty to the DUI charge, while others will allow pretrial diversion, which means that no charge will be official until – and only if – the defendant does not successfully complete the outlined conditions of the program.

For example, in Jefferson County, Oregon, prosecution in relation to the DUI charge will be delayed if you enter into a diversion program with the court, and the charge may be dismissed after 12 months.

What Happens If You Fail to Comply with the Conditions?

If any condition is not met, the court or prosecutor has the right to withdraw the program at any time. This will most likely result in the imposition of the initial charge that you diverted by entering into the diversion program in the first place. You may even be required to go to trial. In a sense, the program can be considered probation – it must be completed in its entirety and as specified in order to avoid jail times and avoid charges on one's record.

You Still Need to Schedule a Consultation with an Attorney

Because the laws differ from state to state and even case to case, it is crucial that you speak to a DUI attorney like Kevin R Bryant Attorney at Law the moment that you are arrested and/or charged with driving under the influence. This is a serious offense and can result in grave consequences. An attorney can help examine the facts of your case and help determine the best possible way to proceed that will provide you with the most favorable outcome, which could include requesting a DUI diversion program.