have a court date to determine if my DUI diversion will be revoked due to me not completing required classes

Asked on June 28, 2009 under Criminal Law, Kansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not exactly sure of your question here.  I assume it is what happens if your probation is revoked. 

Kansas DUI law is unique, since it allows for a DUI diversion program (which most states do not). This program is essentially a contract between the county or city and the person charged with DUI in which the person charged gives up his or her right to a speedy trial and his or her right to a jury trial, in exchange for an opportunity to avoid a conviction for DUI.  Under the diversion agreement, you will be required to pay a fine; attend an alcohol and drug safety action program or treatment program, or both; use no alcohol or drugs; and fulfill whatever other terms and conditions the city or state requires.

If, at the completion of the diversion period,usually one year, you have completed all the requirements of the contract, the criminal charge of DUI is dismissed.  However, if you do not successfully do all that is required of you under the contract, your case will be placed back on the trial docket and the criminal case against you will be reinstated and your trial will be conducted on stipulated facts.

You were given a gift - diversion, and you screwed it up.  You could have had all charges against you dismissed and not be left with a criminal record.  What happens to you from here will depend on the judge and your reasons for not completing your court ordered classes. 

As to what you could be facing, a first conviction for DUI is a Class B misdemeanor.  The potential sentence is 48 hours to six months in jail.  The person must serve at least 48 hours, unless the court orders order that the person complete 100 hours of community service instead of the term of imprisonment.  The fine for a first conviction ranges between $500 and $1,000.  Upon a first conviction, driving privileges are suspended for 30 days, followed by 330 days of restrictions.  You will also be required to undergo a drug and/or alcohol evaluation and will have to complete whatever treatment is recommended by the evaluator.

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