Virginia DUI Diversion Programs

Virginia DUI Diversion Programs: Do You Qualify?

Whether you qualify for a DUI diversion program is highly fact-specific. Many first-time DUI offenders want to know if they qualify for diversion or another alternative to a DUI. Unfortunately, Virginia law makes it rare that your DUI will qualify for diversion. However, other options exist to defend your case and seek an alternative to a DUI conviction.

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC help you understand what a diversion program is and whether you qualify. Our DUI defense attorneys create a legal defense strategy that best fits your case.

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What is a Diversion Program?

A pretrial diversion program is one established by a court or prosecutor meant to postpone or avoid prosecution of criminal charges. These are typically operated at a local level, and are not uniform throughout the many Virginia courts or prosecutor’s offices. Each prosecutor and court has a great deal of discretion in how and if they offer these programs.

A diversion program requires an agreement between the defendant and the prosecutor to avoid charges by fulfilling multiple requirements. These programs often apply to first-time offenders, those suffering from mental health issues, and those with substance abuse problems. However, violent crimes and other specific offenses are typically excluded from diversion programs.

I’m Charged With a Virginia DUI. Can I Participate in a Diversion Program?

Unfortunately, the answer is no most of the time. Most defendants who face a Virginia DUI cannot participate in a pretrial diversion program. This is true for multiple reasons. First, state law imposes very strict and specific penalties for driving under the influence that leaves very little room for diversion programs. Unlike other crimes where a conviction might be avoided through pretrial diversion, DUIs typically carry statutorily set sentences.

The Virginia legislature also faces a great deal of pressure from citizens and activist groups not to permit diversion for DUI offenses. Prosecutors are unlikely to offer diversion, even if available, as they aim to maintain a strict stance on DUIs.

Diversion for Accompanying Charges

There may be opportunity to participate in pretrial diversion if you face other charges alongside your DUI. This is highly fact dependent. Your DUI defense attorney should analyze the charges you face to determine if this option might be available for you. 

Defending DUI Charges in Virginia

The best way to avoid or reduce the penalties you face is with a strong DUI defense. Pretrial diversion is rarely an option, so you should speak with your attorney about what other options exist. 

Legal defenses and alternatives that might be available include, but are not limited to:

  • Challenging the results of field sobriety tests conducted by law enforcement officers
  • Analyzing and challenging blood or breath test results
  • Filing a suppression motion to exclude any unconstitutionally collected evidence
  • Negotiating a plea deal to a reckless driving charge instead of a DUI
  • Defending your case in a DUI trial

While your options are more limited for DUIs than in other criminal cases, you are not without options. An experienced Virginia DUI defense attorney can analyze your case to help you learn more.

Understand Virginia DUI Diversion Programs and Whether You Qualify

Every case is different. You should speak with a Virginia DUI defense attorney about your unique situation to learn what options exist. No matter what, you have the right to defend your constitutional rights with the help of a knowledgeable lawyer. 

At Battlefield Law Group PLLC, our DUI/DWI defense lawyers are ready to fight for you. Contact us today for a free consultation of your case.