For instance, if your license has already suffered an administrative suspension, then entering a diversion agreement will not restore your license. Additionally, if you are arrested for another DUI charge in the future, your diversion will be viewed as a prior conviction, marking you as a multiple offender subject to enhanced penalties for the second or subsequent DUI. However, for those who have no prior DUI convictions, entering into a program can be beneficial if you also meet the following seven requirements.
Step 1. You have to obtain a drug and alcohol evaluation from one of the certified providers in the state. Whatever the evaluation recommends as far as treatment goes will be required of you while on diversion. Step 2. Your enrollment in a DUI diversion program is contingent on paying all of the fines and fees involved. More often than not, these costs must be paid upfront. Step 3. While enrolled in DUI diversion, you will be required to completely abstain from drugs and alcohol for the period of the diversion agreement, usually 12 months.
To verify your abstention, you will be subject to randomized urine analyses or breath tests. If you fail any one of these tests, it is probable that you will be removed from the program and prosecuted for your initial charge. Step 4. To become eligible for enrollment in a diversion agreement, you must waive your Constitutional rights to a trial, including a jury trial.
This means that if you are removed from the program for a violation, you will not be able to have a jury trial if the prosecution is reinstated. Step 5. Essentially, enrollment in a diversion program is an indirect admission of guilt. Another requirement of diversion is stipulating to the accuracy of the arrest report and breath or blood test results.
If you violate the terms of the diversion program, this stipulation makes it almost automatic that you will be convicted of the DUI charge.
While no conviction appears on your criminal record, your Kansas driving record will continue to show that you were charged with DUI and completed a diversion program. Note that if you incurred an administrative license suspension from the State of Kansas, you will not be free to drive again until you have completed it. This will remain in place but there will be no criminal driving penalty the two are treated separately in Kansas. Also, even if you complete the diversion program but are arrested for another DUI charge in the future, your diversion will be viewed as a prior conviction.
This will make you a repeat offender and liable for harsher penalties, including jail time. To qualify for the Kansas DUI diversion program, you need to meet a range of eligibility criteria, including:. The decision of whether to admit you to a diversion program rests entirely with the prosecutor. For this reason, it is advisable to engage a DUI attorney to negotiate on your behalf and try to persuade the prosecutor to permit you to join the program.
You will also have to abide by a set of conditions for a year. These are typically the following:. These rules are the most common ones but your diversion coordinator may stipulate other requirements depending on your situation. For instance, you may need to seek treatment inpatient or outpatient for alcohol problems.
Failure to follow these rules can mean that your case is reopened and you may be asked to appear in court to explain yourself. You understand the requirements and the rules of the DUI diversion program in Kansas. Following are the six steps that a person usually goes through to start and complete the program:.
View Larger Image. Who qualifies for the Kansas DUI diversion program? What rules must people on a DUI diversion program abide by? Steps to start a DUI diversion program in Kansas. Book A Free Consultation.
What is the purpose of the Kansas DUI diversion program?
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