DUI Diversion Not Available

Many people wonder if there are diversion programs, first-time offender programs, or programs that include house arrest or ankle bracelets for DUI charges. We have to look at the case on its own merits and we have to look at the person. We have to find out what the best possible solution is for this individual in this particular case.

There’s no diversion program for driving under the influence because the legislature has specifically excluded diversion programs from DUIs. They want to keep the DUIs on the record. They want to keep track of the number of DUIs and the people who have been convicted of DUIs. They want to use the DUIs against somebody if they were to do it in the future. There are no diversion programs per se, but we can use treatment programs to help us in handling cases.

A lot of times, we may consider putting someone into a rehab treatment facility if it’s in their best interest. If they’re prepared or in the right place to do that type of program, then that is something we can use as a negotiating tool in court to get the best possible outcome for that person. I’ve done that, countless times.

Making Life Easier After DUI

If we’re in a situation where we’ve worked out a deal, either a DUI or reduction to something less than a DUI, one of the things that we need to do is help that person get back to their normal everyday life as soon as possible. We need to make sure that the probation period, if there is a probation period, is as short as possible. We need to make sure that any classes one must take are as short as possible and any fines or fees are as small as possible. If they are required to put an ignition interlock device on the car, we want to make sure that they have the right provider that’s going to get them the right device at the right time, that the provider will put it on, take it off, and keep everything neat and clean. We’re going to want to make sure that we help the person get the right type of insurance at the right time to save them money.

We also want to make sure that they know exactly what it is that they have to do to successfully complete all of their obligations with the court and all of the terms of probation. This is done to make sure that they don’t have any more problems with their case and they don’t have any more problems in the future.

Another thing that we often talk to clients about is terminating probation early. There are certain mandatory penalties in terms of probation. Once those are imposed, we may be able to go in and shorten them. For example, a judge orders the minimum probation on a DUI, which is 36 months, three years of probation. We may be able to go back and terminate or get the person off probation early for various good reasons. That can help someone get back to normal life faster. It can then open up the door to expunge the matter and help the person move forward with their life.

Mark Rosenfeld - Criminal and DUI Defence Trial Lawyers

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