First time DUI offenders in Louisville are offered a diversion program
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.
You may be eligible for the diversion program only if you have no criminal record, you breath test is below a .150, and you did not refuse a breath, blood, or urine test, and you were not involved in an accident. The program is divided into two phases. In the first phase, the client must enter a plea to the DUI, voluntarily surrender their driver's license to the county attorney for 30 days and not operate a motor vehicle during that period. In addition, the defendant must pay a $300 fee to the County Attorney's Office and $134.00 court costs. The defendant must perform 40 hours of community service at an approved charitable or government agency. As part of your plea agreement, you agreed not to operate a motor vehicle for 30 days. You may pick up your license after the 30 day period by going to the Jefferson County Attorney's Office, 2nd Floor, Hall of Justice, 600 W. Jefferson St. between 8:00 am and 4:00 pm, Monday - Friday.
The First Offender Diversion Program requires that you attend five hour (5) DUI impact session, completing an alcohol assessment and education program from a treatment provider approved by the FODP, and perform 40 hours of volunteer work at the designated and approved governmental or charitable organization. Upon completion of Phase I of the F.O.D.P. you will appear before a Judge at 9:00 a.m. in Jefferson District Court 101, 102, or 103 for a review of your status in the program. If you are in compliance then you are enrolled in Phase II of the F.O.D.P.. This phase requires an additional twelve (12) hours of community service at designated community service events. Finally, during the month of December, you are required to help set up, attend, and participate in the MADD Candlelight Vigil.
Any violations of the terms and conditions of the program may result in your termination from the diversion program and formal sentencing by the Court on your DUI charge. The Director of the FODP reserves the right to impose appropriate sanctions in lieu of termination from the FODP based on the nature of the new offense or lack of compliance; appropriate sanctions may include: additional volunteer work, additional community labor, repeating any requirement of Phase I or Phase II.
Upon completion of Phase I and Phase II of the FODP, your 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 Defendant's dismissal. The DUI remains on your criminal record. If you wish the charged to be removed from your criminal record, you must petition the court to expunge your charges. If you wish me to represent you on the Expungement motion, you will need to pay a retainer of $300.00 plus associated court costs. You must contact my office, pay the retainer and meet with me to review your case and the Expungement petition.
If you are charged with a new DUI offense, the Jefferson County Attorney F.O.D.P will terminate you from their diversion program and you will be sentenced on the above styled case to a $500.00 Fine, a $375 Service Fee, court costs, an alcohol education program, 120-day operator's license suspension and (30) thirty days to serve in the Jefferson County Jail with no releases. You will then be prosecuted for the new DUI-Second offense.
Client Interview Form - Print out for review and completion
DUI Client Interview - Print out for review and completion
DUI First Offenders Diversion Program (FODP) Info Sheet
DUI Alcohol Education Treatment Programs
