Diversion Program for First-Time DUI Offenders in Kansas
Like any state, people arrested for a DUI in Kansas are by default subject to criminal prosecution. However, a first time offender who harmed no one in the events leading to their arrest has the option to enter the state’s diversion program, which will completely dismiss all charges if completed. This program is unlike any other in the United States, and it is highly recommended that any first time DUI offender try to participate. There are no restrictions based on BAC levels.
How it Works
Kansas’ diversion program is essentially a contract between the individual and the state to participate in drug/alcohol education or treatment, maintain sobriety, and typically participate in community service programs. The fines associated with a DUI remain in place. Kansas’ diversion program greatly resembles probation at the surface, but if successfully completed, the DUI itself is dismissed, and the offender will not have a conviction on their record. If the offender is unable to follow the rules of the program, the charges against them will be immediately reinstated, no matter what stage of progress the offender was at, or how long they had been in the program.
Applying
Participation in the diversion program is at the behest of the prosecutor assigned to the case. The offender typically has to admit guilt in order to even be considered, and then agree to be under supervision and restrictions for a full year. Like any criminal proceeding, securing entry into the diversion program is best handled by a lawyer who knows the ins and outs of the process. The prosecution has complete control over whether or not the diversion option is put on the table, and they can deny it at their own discretion. It is important that the offender appear competent and willing to take the program seriously.
Get the Help You Need
If a case is mishandled, the penalties and fines for a DUI are personally and financially severe. Hiring an attorney will bring expertise and resources to your disposal that individuals cannot on their own. Call (913)780-6666 to get help now.
