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DUII Diversion

road into the sunsetA person charged with misdemeanor DUII may respond in one of four ways listed below. Contact an attorney if you have questions about the law or your rights. If you cannot afford to hire an attorney, you may apply for court-appointed attorney, and the court will determine whether you are financially eligible for a court-appointed attorney.

Your four plea options are:

  1. Plead Not Guilty. The court will set an Early Resolution Conference (ERC), which is a settlement conference.. If the case does not settle at the ERC, the court will set the case for trial. At trial, the state must prove your guilt beyond a reasonable doubt. A jury, or a judge if you waive jury in writing, will decide whether or not you are guilty
  2. Plead Guilty without entering diversion. This will result in a conviction. You may give the judge an explanation and any information you think will help the judge decide what your sentence should be. Your sentence will include the minimum penalties for DUII and your license will be suspended. There may be collateral consequences.
  3. Plead No Contest without entering diversion. This will result in a conviction if the district attorney can give the judge sufficient facts to prove you are guilty. Your sentence will include the minimum penalties for DUII and your license will be suspended. There may be collateral consequences.
  4. Plead Guilty or No Contest and enter diversion. You must be eligible (see DUII eligibility below) to participate. You must file Petitioner's Diversion Agreement and Defendant's Declaration of Eligibility and plead guilty or no contest. The court will hold the plea during the term of diversion. If you complete the diversion program within the time allowed, you must file a motion to dismiss the charge of DUII. If you violate the agreement, the court may terminate diversion, enter the plea and sentence you without a trial. Before you choose the diversion option, read the entire description.

Diversion Eligibility – Must comply with all of the following conditions:

  • Meets all requirements described in the "Defendant's Declaration of Eligibility"
  • Appears in court on the date scheduled for first appearance
  • Pleads "guilty" or "no contest" to DUII
  • Files the diversion petition within thirty (30) days of the first appearance date, unless the court finds good reason for delay

 

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