People are charged with DUIs every day in the United States. Whether you’re a habitual offender or you suffered a momentary lapse in judgment, as a DUI offender you can expect to be prosecuted to the maximum extent of the law. However, first-time offenders who meet certain conditions may be eligible for a deferred sentence.
In the state of Colorado a program exists to prevent defendants from committing additional crimes, aid victims of crimes, enable defendants to pay restitution to their victims and reduce the number of cases in the Colorado judicial system. The the Colorado DUI Diversion program creates a legally binding agreement between the defendant and the district attorney in which the defendant agrees to counseling, payment of restitution, and certain other conditions, and the district attorney agrees that if the defendant successfully completes the program, no charges will be filed or they will be dismissed if already filed.
You must meet certain criteria to be considered for the Colorado DUI diversion program. The following things will be considered when determining your eligibility:
- The nature of and circumstances surrounding the crime
- If you have any special characteristics or circumstances
- If diversion is consistent with your rehabilitation or reintegration
- If public interest is served
Your Colorado DUI diversion agreement will be unique to your situation. It must take all the circumstances and facts surrounding your particular incident into account to determine the best ways for you to provide restitution. It will require at least a few of the following:
- An alcohol assessment
- Alcohol counseling and treatment
- Payment of restitution
- Community service
- You cannot commit any other crimes or possess firearms while in the program if you own a firearm you will be required to surrender it
- Ignition interlock
Drinking and driving is a serious offense, and even if you qualify for a diversion program the repercussions are vast. Money and time will be sacrificed in this process. Save yourself from both by having a plan to prevent drinking and driving.