What is a Diversion?
A diversion is sometimes offered to first time offenders by the prosecution. A diversion is a contract between the defendant and the prosecution (the court has nothing to do with it). Like any other contract, each side is going to perform their contractual obligations to the other. General diversion terms include performing community service, pay diversion fees, court costs, alcohol evaluation costs, attending Alcohol Information School, and staying out of trouble for the diversion term (usually between 6 months to 1 year). At the end of the diversion term, if the defendant has performed all of his/her obligations, the prosecution dismisses the charge or charges that were diverted. This is the up side. The down side is the diversion goes on your driving record, as a diversion and not a conviction, and stays there for a period forever. If you are EVER charged again with DUI, it will be charged as a second offense, even though the diversion resulted in the first offense being dismissed b