What Is a DUI Diversion Program? Does Oklahoma Have One?

Oklahoma has the third-highest number of people in prison in the country, at a rate of 993 people per 100,000 residents. Drug-related offenses and driving under the influence (DUI) are some of the most common crimes – but do these offenders deserve to go to jail? In recent years, the tide has been turning from “zero tolerance” to a treatment-based approach, including drug and DUI diversion programs. If you’ve been arrested for a DUI, it’s worth learning about these new initatives.

What Are DUI Diversion Programs?

DUI diversion programs, sometimes called driving diversion programs, are a type of alternative sentencing for individuals who have been charged with DUI or DWI (driving while intoxicated). Instead of facing traditional criminal penalties such as fines or jail time, you may be able to enter a diversion program.

In these programs, you’ll typically have to complete requirements like attending classes, undergoing substance abuse treatment, or performing community service. The exact requirements vary by state and even within each state. If you successfully complete the program, the charges are dismissed or reduced. But if you fail, you’ll face the original charges and criminal penalties, including jail time.

Benefits of DUI Diversion Programs

DUI diversion programs are designed to treat the cause, instead of the symptom. By getting to the root cause of alcohol abuse rather than simply punishing offenders, they can break the cycle of addiction and give offenders a chance to improve their lives. In Oklahoma, diversion programs like pretrial release and alternative sentencing have been linked to positive outcomes for individuals, as well as a reduction in the prison population.

Does Oklahoma Have DUI Diversion Programs?

Yes, Oklahoma has several initiatives that can be considered DUI diversion programs. Here are the two most common options.

DUI Court

In most counties, DUI Court is combined with Drug Court and works in a similar manner. It’s designed to be a holistic approach to treating alcohol addiction and helping offenders avoid jail time and serious charges on their record.

Who is eligible? DUI Court is only available for felony, non-violent offenses. You must also have no prior felonies on your record in the last ten years. In Oklahoma, first-time DUIs are misdemeanors. However, if you get multiple DUIs within ten years, your second, third, and more are considered felonies, and you’re eligible for DUI Court.

How does it work? You’ll need to apply to have your case transferred to DUI Court instead of the traditional court process. You’ll then undergo an assessment and your case must be approved for DUI Court. A certified counselor will build you an individualized treatment plan that might include regular counseling, support groups, alcohol testing, and community service. If you meet all your goals, you’ll graduate and your charges will be dismissed.

How long does it take? Treatment programs outline specific schedules and goals that will take anywhere from six months to two years to complete.

Misdemeanor DUI Diversion Programs

Traditional DUI Court is only for felony DUI offenses, but first-time DUIs are misdemeanors – and they make up the majority of these cases. For your first DUI, you may be able to enter a misdemeanor DUI diversion program.

Who is eligible? Oklahoma’s misdemeanor diversion programs are available to people charged with non-violent misdemeanors, including DUI and many drug crimes. Depending on the county, eligibility may depend on factors like your previous criminal record, your blood alcohol content (BAC) at the time of your arrest, and your willingness to take responsibility for your actions.

How does it work? Misdemeanor diversion programs use a variety of strategies. The main goal is to reduce your chance of reoffending and connect you with resources for housing, education, and recovery. They can range from deferred sentence agreements to structured treatment plans similar to DUI Court. Currently, 35 counties in Oklahoma have these programs. Your DUI attorney can advise you if this type of DUI diversion program is available to you.

How long does it take? Misdemeanor DUI diversion programs take anywhere from 6 months to 2 years to complete, depending on the severity of your charges.

Oklahoma DUI Diversion Programs vs. Deferred Sentences

Deferred sentences fall under the category of misdemeanor DUI diversion programs in Oklahoma. Officially called “deferred adjudication treatment programs,” they’re a type of plea agreement that’s usually reserved for first-time offenders.

With a deferred sentence, you’ll enter a guilty plea. However, the judge will withhold their judgment and sentence you to probation, which will involve checking in with a supervisor, attending DUI classes, attending a victim impact panel, and possibly doing community service. When you successfully complete probation, the charges will be dismissed.

Oklahoma DUI Diversion Programs vs. IDAP

Oklahoma’s Impaired Driver Accountability Program (IDAP) could be considered a type of DUI diversion program, however it’s required for anyone whose license has been suspended due to a DUI. (Keep in mind that your license suspension is a separate case, so your license can be suspended even if you haven’t been found guilty of a DUI.)

IDAP involves installing an ignition interlock on your car, which is a device that you have to blow into in order to start the engine. IDAP allows you to keep driving while your DUI case is ongoing, a life-saving privilege for most Oklahomans who need to drive to work, school, and appointments. When you successfully complete the program (which takes six months for the first DUI, one year for the second, and three years for the third), you’ll get your license back.

The Bottom Line

The most important thing to know is that a DUI doesn't have to ruin your life. If you’re willing to take responsibility for your actions, there are programs that can help you. Oklahoma’s DUI diversion programs vary from county to county, so it’s important to consult with an experienced attorney in your area. They’ll have all the information about what’s available to you, including deferred sentences, suspended sentences, and diversion programs. Contact the Tulsa DUI Guy today for more information.