bann Kentucky DUI Lawyer | Jefferson County Defense Attorney

DUI Diversion Program

DUI Diversion Programs

The Jefferson County Attorney’s Office has implemented a diversion program for first time DUI offenders. Not every offender is eligible nor is it a program I would recommend to every client. Some clients, because of their drug or alcohol dependency are not suitable candidates.

Briefly, the diversion program mandates that the defendant enter a plea of guilty to the DUI and the case is continued for sentencing. If the client successfully completes the diversion program the DUI charge is dismissed after one year without a formal sentencing.

You must surrender your license for 30 days to the County Attorney’s office and agree not to operate a motor vehicle for that 30 day period, The DUI plea, because it is continued for sentencing is not reported to the Kentucky Transportation Cabinet. Unless your insurance agent examines your criminal record in addition to the Transportation records, your car insurance rates are not likely to increase.

The Jefferson County Attorney’s office in cooperation with Jefferson District Court has developed two Diversion Programs.

KiDD

This diversion program is designed for first time, teen-aged offenders. This program is designed to address both illegal drinking and impaired driving through intervention and application od resources from the Jefferson County Attorney’s Office, the Jefferson County Coroner’s Office, and the University of Louisville Hospital Department of Emergency Medicine. The goal of the program is to prevent repeat DUI Offenses by education and intervention by the court system without the stigma and collateral consequences of a DUI conviction. The program requires the participants to surrender their license and driving privileges for 30-120 days (to be determined by the program director). The program requires participantes to attend and participate in a 4-hour vicitim impact awareness session ath the Jefferson County Coroner’s office. This program includes a:

Presentation by the Jefferson County Coroner

Presentation by a police officer

Testimonial by a victim or a family member of the DUI victim

A tour of the morgue facilities and autopsy room

Participants must also complete an alcohol/chemical assessment program recommended by the KiDD program and provide proof of completion of the intervention program(minimum four hour education sessions).

Pay $200 to the Jefferson County Attorney’s Office for the KiDD program and pay a a $60.00 Jefferson County Attorney Administration fee

Attend and submit proof of 10 Alcoholics Anonymous or Narcotic Anonymous meetings, including a written summary of each meeting

Participants must not be charged with any new criminal charges while participating in the KiDD program

Eligibility Criteria:

Offenders are 16-20 years old

The BAC (Blood Alcohol Concentration is .02-.10)

First Time Referral to Kidd

The goal of the program is to reduce recidivism and educate participants as to the dangers of drinking and driving. The prosecutor agrees to dismiss the charges upon successful completion of the program. Participants are eligible to expunge the charges 60 days after the charges are dismissed.

ADULT DUI FIRST OFFENSE DIVERSION PROGRAM DIVERSION PROGRAM

(Information from the Jefferson County Attorney Website)

Each year, the Jefferson County Attorney’s Office prosecutes more than 3,200 Driving Under the Influence crimes. Many of these cases involve first-time offenders with no prior criminal records.

In order to heighten awareness of the potentially tragic consequences of drinking and driving, and therefore prevent repeat offenses, the County Attorney’s Office has developed the DUI Diversion Program.

Entry Process

Eligibility Criteria

  • Offenders 18 years or older on date of offense, with no criminal record (including no prior diversion on any misdemeanor or felony offense and a legal resident of the U.S.
  • First offense DUI with a BAC under .150 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 of arraignment, unless prior approval is secured from the program director.

Disqualification Criteria

  • Under 18 years of age on date of offense
  • Not a legal resident of the U.S.
  • Prior criminal conviction (excluding minor offenses, e.g. traffic violations)
  • BAC of .15 or greater, any refusals or any statutory aggravators
  • History of psychotic illness
  • Felony companion offense
  • Accident involving any injury to person or damage to property exceeding $1,000

 

Here is the process by which the DUI Diversion Program moves offenders from arrest to treatment/program entry.

The defendant is charged with DUI.

A legal screening and NCIC are conducted by the Jefferson County Attorney’s Office within 2-3 weeks of the defendant’s arraignment to determine eligibility. If defendant is not eligible, the defendant is prosecuted as usual.

The defendant or his/her counsel is notified of eligibility for DUI Diversion and given terms of the program.

If the defendant declines, he/she is prosecuted as usual.

If defendant accepts, he/she:

  • pleads guilty to DUI 1st Offense
  • surrenders his/her operators license
  • is given the County Attorney’s DUI Diversion agreement
  • the case is continued for three months for proof of compliance.

If after three months the defendant is on-track with the DUI Diversion program, the case is then continued for nine months for proof of completion.

If the defendant is charged with a new offense or if the director of the DUI Diversion Program determines that the defendant has failed to comply with the program, then the DUI Diversion agreement will be terminated and the defendant’s 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 the defendant’s dismissal.

Jefferson County Attorney

DUI Diversion Program Components

Phase I

  • Within 30 days of entry into the County Attorney’s DUI Diversion Program, pay the $300 program fee in full to the Jefferson County Attorney’s Office.  There is an additional $134 in court costs.
  • Participant surrenders driver’s license for thirty (30) days. 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 the participant.
  • 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, complete the alcohol/drug assessment and the recommended alcohol education program at a designated and approved provider.
  • 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.

Court Review Date: Is participant in compliance, three (3) months from DUI Diversion Program entry date? If Participant is in compliance, Court C

Program entry date? If Participant is in compliance, Court Costs of $159.00 are paid and the participant is placed into Phase II of the Program.

Phase II

  • Complete 12 hours of community labor at an approved events on the list provided by the program.
  • Complete 25 hours of volunteer work at a designated and approved governmental or charitable organization on the list provided by the program.

If the participant fails 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 the participant is charged with a new DUI charge, then the DUI Diversion Program agreement will be terminated and the participant 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. The participant will then 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.

Completion of Program

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 the defendant’s dismissal.

DUI Diversion Office is (502) 574-8567

Monday – Friday

8:00AM – 5:00PM

Principle Office in Louisville, KY

Benham Sims
600 West Main Street, Suite 300
The 600 Building
Louisville, KY 40202


Phone: (502) 589-6190