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DUI Diversion

DUII Diversion is a program that may be available to first time DUII offenders or someone who has not had a DUII in the past 15 years. 

DUII Diversion is a one year program where you agree to abstain from any non-prescribed intoxicants, complete alcohol and/or drug classes and pay reduced fines. This program is beneficial to some as it may significantly reduce the long-term repercussions of being convicted of a DUI. Not everyone may qualify for this program, there are other requirements that may be imposed depending on the circumstances of the case and the specific court. If the participant completes all the requirements, the DUII criminal charge is dismissed at the end of one year with NO criminal conviction. To successfully navigate the program it’s essential to work with an experienced DUI defense lawyer.

Hit & Run Charges


To be eligible for DUII Diversion, there are mandatory requirements you must meet and discretionary requirements the court may consider before allowing you to participate. 

To be eligible for DUII Diversion, it is mandatory that:

  1. You do not miss your first court appearance.
  2. You have no other pending DUII charges.
  3. You have not been convicted of a DUII within the past 15 years.
  4. You have not participated in DUII Diversion with the past 15 years.
  5. You have not participated in court-ordered drug or alcohol treatment in the past 15 years.
  6. Your DUII charge is not a felony DUII.
  7. No one was injured as a result of your DUII offense.
  8. You were not operating a commercial vehicle or had commercial driving privileges at the time of your DUII arrest.

In addition the mandatory requirements, the court may take into consideration whether or not:

  1. Diversion would be a benefit to both you and the community.
  2. There is an early recognition that alcohol or drug treatment would be beneficial.
  3. You will cooperate with the diversion requirements and observe the restrictions of the program.
  4. There were minor passengers (under the age of 18) in the vehicle.

DUII Diversion Requirements

  1. Pay a $490.00 DUII Diversion fee to the court.  Participants of the program are always eligible for a payment plan to pay the fee.
  2. Complete a county or municipal court drug and alcohol evaluation.  You must pay an assessment fee of $150.00 – $250.00 directly to the assessment agency.  The agency will recommend a treatment program based on the results of the assessment. 
  3. Complete the recommended treatment program.  You must find your own treatment provider and pay the treatment provider directly.  Speak with your attorney about insurance options.   
  4. Attend a one-time Victim Impact Panel as ordered by the court.
  5. Do not use any alcohol or other non-prescribed intoxicant during the diversion program.  Medical marijuana is NOT allowed.
  6. Install an ignition interlock (IID) device in any vehicle you drive if so ordered by the court.

DUII Diversion Benefits:

Participation in the DUII Diversion program has some very real benefits and may be an excellent option for individuals who do not have a strong defense in their case.  Some of the biggest benefits include:

  1. Avoiding a DUII criminal conviction on your record.
  2. Avoiding mandatory jail time and lengthy probation.
  3. Avoiding significantly higher fines and fees.
  4. Avoiding a 1 to 3 year driver license suspension. 

Note: DUII Diversion does not affect any DMV related suspension you may be facing for failing or refusing a chemical test.

DUII Diversion Reality

The DUII Diversion process is tedious and confusing at times. Very few people are able to navigate the complex rules to successfully complete the program on their own.  No one besides your qualified DUII Diversion attorney can or will help you with your questions or confusions.  There are many hidden rules in DUII Diversion that the court, county evaluator and treatment providers will not tell you. 

Our office is available to answer your questions throughout the entire DUII Diversion process.  We spend time with each client educating them on the tips and tricks to avoid the pitfalls of the DUII Diversion program.  Our goal is for you to complete the program as quickly and easily as possible.

The DMV consequences of a DUII arrest are completely separate from a DUII Diversion.  Neither the court nor a public defender will be able to help you navigate any of the DMV related aspects of your DUII arrest.  They will not help you with regards to insurance, license suspensions, hardship permits or license reinstatement.  Our office will guide you through the process to get you back on the road as quickly and cheaply as possible.

Finally, there are real world consequences of a DUII that can affect employment, transportation, insurance and other life circumstances. Each case needs to be individually evaluated by an experienced defense attorney to understand the best way to move forward. Erik Nicholson has handled thousands of criminal cases and uses his experience to brainstorm solutions to the difficult life problems that may arise in as a result of a DUII arrest.

Erik Nicholson has been a defense attorney for 12 years, handling thousands of criminal cases. With his expertise, Erik can help you navigate the challenges that may arise after a DUII arrest.