What is the DUI Diversion Program?
Kentucky drivers who complete the DUI diversion program successfully may be able to avoid the harsh penalties of drunk driving convictions. The DUI diversion program is a win-win situation for everyone, including the victims and community, who will benefit, even if indirectly, from the community service, DUI and alcohol treatment, counseling the driver must go through, and the lower repeat offenses.
Offenders must be approved by the county attorney’s office and the court. In order to qualify for the DUI Diversion program, the driver:
- Must be over the age of 18 when DUI offense occurred
- Driver had no prior diversions for both misdemeanor or felony charges
- Driver is a legal U.S. resident
- Driver has no prior drunk driving convictions
- Driver presented no aggravating factors during the DUI arrest
- Driver’s blood alcohol level was not be over 0.15% when offense occurred
- Driver must be in good physical condition to perform community service requirements such as lifting, bending, etc.
- Driver must pay requisite fee of $300
- Driver must enter the program within 45 days
A driver cannot qualify for the Kentucky DUI diversion program if the:
- Driver was under the age of 18 when offense occurred
- Driver has a previous criminal conviction
- Driver had blood alcohol content over 0.15%
- Driver presented aggravating factors at time of offense
- Driver is a non-legal alien
- Driver has any felony convictions
- Driver has a history of psychotic mental health conditions
- Driver who has caused an accident damaged property, or injured people exceeding $1000 worth of expenses
Drivers who have been arrested for driving under the influence and are interested in the diversion program should meet immediately with an experienced criminal defense attorney to determine if they qualify. Once the driver is arraigned, the necessary screenings for the program are usually completed within a few weeks. Your attorney will meet with you and address any issues with your qualifications. It is absolutely imperative that you tell your attorney everything you know about your case and issues with the qualifications listed above.
Contact A Legal Representative
If you have been arrested for DUI, you might want to seriously consider the diversion program. Otherwise, you will need to either plead guilty to the charges and face the penalties or hire a Kentucky criminal defense lawyer to help you fight the charges that are pending against you.