Jefferson County DUI Diversion Program
Jefferson County is one of only a few counties in Kentucky that provide a special DUI diversion program called the First Offenders Diversion Program, or FODP. In order to qualify for the Program, which is based out of the Hall of Justice in Louisville, the following criteria must be met:
- The offender must be at least 18 years of age, with no criminal record (including no prior diversion on any misdemeanor or felony offense, which does not include minor violations, e.g. traffic violations) and a legal resident of the United States;
- First Offense DUI with a BAC under 0.150 and no statutory aggravating circumstances;
- Must be in good physical shape, capable of doing moderate labor, such as lifting, bending, picking up trash, and walking for four hours or more; and
- Must enter the Program within 45 days of arraignment, unless prior approval is secured from the FODP Director.
A person is automatically disqualified from the FODP if any of the following are present:
- Under 18 years of age on the date of the offense;
- There is a marked refusal to take the Intoxilyzer 5000EN at the police station (whether it was an actual refusal or a machine malfunction would have to be examined by the attorney);
- A BAC of 0.150 or greater or other statutory aggravating circumstances;
- A history of psychotic illness;
- A felony that was charged concurrent to the DUI First Offense;
- A prior criminal conviction (excluding minor offenses, e.g. traffic violations);
- Accident involving any injury to person, or property damage exceeding $1000.00; or
- Not a legal resident of the United States.
If all of the above criteria are met, and the person is not disqualified by any of the above factors, the FODP process is as follows:
- The Defendant is charged with a DUI.
- National Crime Information Center (NCIC) screens the Defendant to determine eligibility.
- If NCIC comes back clean, and if the Defendant accepts the terms of the program, the FODP Program begins (that will require the Defendant to enter a guilty plea.)
The Program costs $300 and must be paid by money order to the Jefferson County Attorney’s Office within 30 days days of entry.
If the Defendant accepts being entered into the program,
- First, the Defendant must plea guilty to the DUI first offense in open court;
- Second, s/he must surrender his/her operator’s license;
- Third, s/he will be given the County Attorney’s DUI Diversion agreement; and
- Finally, the case will be continued for three (3) months to show proof of compliance.
If the Defendant is on-track with the FODP after the three months, the case is then continued for an additional nine months to show proof of completion.
If the Defendant gets charged with a new offense (felony or non-petty misdemeanor), or if the director of the FODP determines that the Defendant failed to comply with the program, then the DUI Diversion agreement is terminated and the Defendant’s DUI case will be returned to court for sentencing (since the Defendant will have already plead to the DUI previously – fighting the DUI is no longer an option at that point.)
The FODP has two phases.
- Within 30 days of entry into the FODP, the participant pay the $300 program fee in full to the Jefferson County Attorney’s Office;
- The participant surrenders his/her operator’s license for 30 days (it can be picked up at the Jefferson County Attorney’s Office at the Hall of Justice – 600 W. Jefferson St. between 1:00 pm and 4:00 pm on the date given);
- Attend a five (5) hour Impact Session on the designated date (12:00 – 5:00 p.m.) – check in begins at 11:30 a.m.;
- Complete the Alcohol/Drug Assessment and recommended Alcohol Education Program at the designated provider within three (3) months of entry into the FODP (click here for a full list of providers in Jefferson County);
- Complete 40 hours of volunteer work at a designated and approved governmental or charitable organization on the list provided by the FODP Program within three (3) months of entry into the FODP; and
- Appear in Court three (3) months after entering the plea for review of the status of the above items (Court costs of $159.00 must be paid by this date.)
- Complete 12 hours of community labor at approved events; and
- Complete 25 hours of volunteer work at a designated and approved governmental or charitable organization on the list provided by the FODP Program.
If the Defendant acquires new charges while the Diversion is not yet complete, or the FODP terms are violated, the Defendant will be sentenced in accordance with standard DUI First Offense penalties. The director reserves the right to impose sanctions in lieu of termination from the FODP.
If, after one (1) year, the FODP Program is completed, the guilty plea will be set aside. Then, two (2) years after the intial dismissal, the offense will be eligible for expungement (as opposed to the standard five (5) years necessary for expungement of a DUI first offense.)
*The following information is taken directly from the Jefferson County Attorney’s Office. They reserve the right to deny any application even if the minimum eligibility criteria are met at the discretion of the FODP Director.
If you have been charged with a DUI, you need competent and experienced counsel to help you with your case. We can help find out if you qualify for the DUI FODP Program or if it is even the right course of action for you to take.
Do not delay, call the DUI Guy today.