Driving under the influence of drugs or alcohol is a severe offense in Idaho, but diversion programs offer some respite for those held. If you’re convicted, you could go to jail. If you’re lucky, you’ll pay only fines. However, there are also more minor punishments; these include suspended driving privileges. Therefore, it’s crucial to hire a Boise DUI attorney after a DUI arrest.
An excellent lawyer can keep you away from jail. Such an attorney can exploit one of the many DUI defenses available. Conversely, they can get you into a DUI diversion program.
In Idaho, a prosecutor can move for a dismissal of a DUI. The court can then order such release. First, however, the defendant must agree to a diversion program. So, read on to learn how diversion programs work in Boise.
What Is a Diversion Program?
Idaho Statutes, Chapter 35 section 19-3507 defines diversion programs as the use of resources as an alternative to criminal adjudication by courts. The relevant resources include:
- Local community resources
- Substance abuse counseling
- Informal probation
- Community service work
- Voluntary restitution, or
- Other available services or programs.
The rationale of diversion programs is pretty straightforward. Idaho law wants to give individuals the opportunity to rectify criminal conduct. However, this corrective approach focuses on early rehabilitation and not punishment. Furthermore, the law hopes that diversion programs can deter future illegal activity.
Diversion Program Eligibility
Not every Boise DUI arrestee is eligible for a diversion program. Instead, Idaho Statutes prescribe eligibility criteria. Firstly, you must have been charged with driving under the influence. At your DUI period, you also:
- Didn’t hold a commercial driver’s license or commercial learner’s permit
- Weren’t operating a commercial vehicle
Notably, too, your DUI mustn’t have left anyone with physical injuries. Finally, you’d be ineligible if you’ve had a DUI conviction within ten years. This will also be the case if you’ve previously participated in a diversion program. If you satisfy these conditions, the prosecutor can refer you to a diversion program. However, they must make this referral within thirty days of your citation or charge.
Essential Facts on Boise DUI Diversion Programs
The law allows you the right to confer with an attorney before accepting a DUI diversion. Your DUI attorney in Boise should advise you on the requirements and consequences of a diversion program. After this, you must undertake a drug or alcohol test, or both. However, this is only crucial where the prosecutor makes such a request.
Like all formal agreements, the diversion agreement must be in writing. This document would contain the terms and conditions of the DUI diversion. Then, the prosecutor and defendant must sign the document. After this agreement, the prosecutor will move for your case’s dismissal.
Program participants must also install an ignition interlock. This installation would be at the participant’s expense. Fortunately, you can get a restricted driving permit during the diversion program.
How Long Do Diversion Programs Last?
A Boise DUI diversion cannot be shorter than twelve months. However, the prosecutor can demand an extended period. The diversion agreement must specify how long the program will last. Furthermore, diversion program participants must complete 32 hours of community service. In addition, the participant must get 24 hours of drug and alcohol counseling, therapy, or education.
Can I Still Be Charged for DUI?
Yes, the prosecuting attorney can recharge you for a DUI. After the diversion program, the prosecutor will determine your compliance level. Suppose you didn’t comply with the diversion requirements. For example, you didn’t complete the diversion program. Here, the prosecutor can refile your case.
Furthermore, the court will grant the case a speedy trial from the refiling date. Finally, a refiled case can almost guarantee a conviction. This is because the prosecutor can require you to swear an affidavit before entering the program. This affidavit will state the facts that gave rise to your DUI charge. In addition, this affidavit is admissible as evidence in a refiled case.
Boise DUI Attorneys Can Help Your Case!
Have the police arrested you for a DUI in Boise, Idaho? If they have, then you’re facing stiff penalties. Fortunately, you can escape these punishments through a DUI diversion program. You’d still need the best Boise DUI attorneys, though. Furthermore, you have to abide by the diversion program’s terms and conditions.
At Trilogy Law Group, our attorneys have extensive experience handling DUI cases. We’ve helped many DUI arrestees beat their convictions. Therefore, we can get you a DUI dismissal by negotiating a diversion program. So, it would be best to call our law office today.