Frequently Asked Questions Regarding Kansas DUI Diversion Programs

If you have been recently charged with driving under the influence (DUI), you may have heard about Kansas’ DUI diversion programs. You may be wondering if entering into a diversion agreement is the right choice for you in your DUI case. As such, the following are answers to the most frequently asked questions about Kansas DUI diversion programs:

  • What is a DUI diversion program?

A diversion program, is simply an agreement with the prosecutor, where he or she agrees not to prosecute the individual charged with a DUI. In exchange, the individual facing DUI charges must comply with certain conditions.  These conditions often mandate that the individual undergo random drug/alcohol testing, complete an alcohol evaluation program, participate in alcohol counseling and attend regularly scheduled meetings.

  • Who can participate in a DUI diversion program?

To be able to qualify for a DUI diversion program, you must be a first time offender. If you have been previously found or pleaded guilty to an alcohol-related crime you will not be offered to participate in a diversion program. A person will also be excluded from participating in a diversion program if he or she has other pending criminal charges or if the person has recently participated in another diversion program for another crime. However, participation in a DUI diversion program is not an absolute right. Rather, it is offered to an individual at the prosecutor’s sole discretion.

  • What are the pros and cons of DUI diversion program?

The biggest reason for choosing to participate in a DUI diversion program is that upon successfully completing a diversion the prosecutor will dismiss the case against you. As a result, individuals who complete a diversion program will not have to serve any jail time and will not have a DUI listed on their driving record. The drawback of a DUI diversion is that if the individual does not meet all of the requirements, the individual’s participation in the diversion can be revoked and the prosecutor can resume prosecution of the original charges.

  • If I would like to participate in a DUI diversion program do I still need to hire an attorney?

In Kansas, an individual charged with DUI has the right to represent his or her own interests in court. However, it is strongly recommended that any person charged with a DUI be represented by an attorney. In DUI cases so much is at stake, including fines, jail time, and loss of driving privileges that a person charged with a DUI should have the benefit of experienced attorney. An experienced attorney will make sure that your rights are protected and your defenses, if any, are properly presented before the court. Wanting to participate in the DUI diversion program is not a good reason to forgo hiring an attorney. An attorney, after a thorough review of the facts of your case, may determine that a dismissal of the charges or an acquittal is possible. If such outcomes are possible, it would be a mistake for a person to try to enter a DUI diversion program. There is also no guarantee that the prosecutor will offer you the opportunity to participate in a diversion program.

If you have been charged with a DUI, contact the Whitman Law Offices at (785) 843-9460 today to schedule a free confidential consultation. Veteran attorney Charles E. Whitman will take the time to answer your questions and make sure you understand your rights. You can trust attorney Charles E. Whitman and the Whitman Law Offices to thoroughly review the facts of your case and research all possible defenses to the charges. If a diversion agreement is a possibility for you, we will not advise you to consider it, until we have investigated all of your other options.

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