If you are charged with DUI in Kansas, you should rightly be concerned about the consequences.The loss of driving privileges, fines, and the potential of jail time for repeat offenders are the immediate possible outcomes. In the longer term, you need to consider the impact of a lifelong criminal record on employment, housing, immigration status, and so on.
The DUI diversion program in Kansas can reduce the impact of the consequences and help ensure that one mistake on the roads does not end up impacting your life too severely.
However, there are eligibility criteria and not everyone is accepted. You will almost certainly require the assistance of an experienced DUI attorney to help you arrange entry into the program by liaising closely with the prosecution.
Some people think that acceptance into the Kansas DUI diversion program is a “get out of jail free” card.
A diversion is a program whereby you agree to plead guilty and serve your penalty in the community by following a series of conditions in return for your case being dismissed and no criminal conviction. You will need to agree to be supervised for a year and fulfill numerous conditions, but you will not have to face the unwanted consequences of a DUI conviction.
Entry into a diversion program is not automatic and dependent upon meeting the eligibility requirements outlined below. If you complete the program, the prosecutor will dismiss the case against you after one year.
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:
No prior DUI convictions: your charge must be for a first offense – you get one chance only at a DUI diversion program in Kansas
No prior convictions or diversions of any kind is a general requirement Nobody was injured or killed in your DUI incident Breath test results within a reasonable range (not excessively high) You complied with police requests and commands You do not hold a Commercial Driver’s License (CDL)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.
If accepted into the DUI diversion program in Kansas, you will need to pay a fee of between $800 and $1,500.
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:
Call us at ITR Law in Topeka at 785 267 6115 if you need assistance with defending a DUI charge or have questions concerning the DUI diversion program.
