This is for informational purposes only and should not be construed as legal advice or as creating an attorney-client relationship with the reader. You should consult an attorney for advice regarding your individual situation.
The state of Kansas provides a diversion program for those who qualify. A diversion may be an option in which the defendant admits he or she is guilty of the DUI and agrees to be supervised for a year and fulfill numerous requirements. If all the requirements are met the prosecutor will dismiss the case against you once supervision period ends. Once dismissed, this means you have not been found guilty of the DUI and no conviction will appear on your record. However, your Kansas driving record will still show you were charged with DUI and that you completed a diversion program. Also, it is important to know that if you are ever charged with another DUI the diversion will be treated as a prior conviction and your new DUI will be treated as a second offense.
A diversion agreement is a contract between the person charged and the prosecutor. The prosecutor has total discretion to offer you diversion. Diversion may be denied to anyone who has had a previous conviction or diversion for anything. You may be denied diversion if you were in an accident, if you had a high breath or blood test, or were obnoxious, rude or untruthful with the police. Commercial Driver's License (CDL) drivers are not eligible for diversion.
A diversion agreement requires that you waive certain rights such as a speedy trial or jury trial. You must accept responsibility for the crime, obtain an alcohol evaluation, not violate the law for a year, not drink alcohol for a year, and to take random urine tests. You will pay a diversion fee, generally in the range of $500.00 to $900.00. You may be required to regularly meet with a diversion coordinator. You must also attend an alcohol education class, attend a DUI Victim Impact Panel, and do anything else required by the diversion coordinator. You may be required to complete outpatient or inpatient alcohol counseling. If you fail any of these requirements your case will be reopened and you will face a trial based on stipulated facts.
In some cases diversion may be the best option, especially when the case against you is very strong. However, it is always necessary to speak with an experienced Kansas DUI defense attorney before deciding what to do. Sometimes a case that looks weak can be won by an attorney who knows what to look for. After a complete investigation of your case you still can choose to apply for diversion, your attorney can guide you through the entire process. We are accessible to our clients whenever we are needed. Spanish translation is available at our law firm. Contact us for a free initial consultation.
