Is it possible to get diversion for driving under the influence in the District of Columbia?
Yes, the office of Attorney General’s office does offer diversion for 1st-time offenders for DUI in the District of Columbia. However, there are a number of factors that go into whether they will offer diversion. Here are some of the factors we have found over the years:
(1) Low breath scores .12 and under
(2)No property or injury damage. (It should be noted that we have successfully got diversion for property damage.)
(3)Cooperation with the police officer
(4)Weak facts for the prosecutor (ie.standardarized field sobriety test done incorrectly by the officer)
Typical Diversion agreement for DUI in DC
Obviously, there are other factors that go into whether diversion will be offered. Diversion agreements for DUI in the District of Columbia usually require the following:
(1) Completion of Traffic Alcohol Program
(2) Completion of Traffic Safety Program
(3) Completion of Victim Impact Panel
(5) No rearrest and providing traffic record
(6) A duration of 1 year.
After 1 year of completing the above, the prosecutor will agree to allow you to withdraw your guilty plea and you will not have a criminal record for DUI.
Rollins and Chan Law Firm