What are the risks in taking a DUII diversion?
In order to take the DUII diversion, you must plead guilty up-front and you cannot challenge the facts of the case. Also, once entered into the DUII diversion program, you are essentially on a form of monitoring similar in many ways to probation. The District Attorney can require you to come to court anytime they suspect you have violated the terms of your DUII diversion. If you violate the terms of your DUII diversion, the District Attorney only needs to prove the violation by a preponderance of evidence. “Preponderance of evidence” is a legal standard of proof that is much lower than the “beyond a reasonable doubt” standard required in a typical criminal case. There is no jury trial. If the District Attorney proves to a judge that you violated your DUII diversion, the case proceeds immediately to sentencing. You cannot go back and challenge the DUII charge. At sentencing, you will face a license suspension, fines, jail time, community service, and probation.
