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An individual, after having been arrested for operating or attempting to operate a motor vehicle while under the influence of alcohol and/or drugs, may be considered for a diversion if none of the following apply:

  • a previous diversion or DUI conviction has occurred prior to the arrest of the defendant
  • lack of cooperation from the defendant with law enforcement and/or other victims or witnesses -- Lack of cooperation will be based upon facts provided in the reports, including but not limited to refusal to submit to any field sobriety tests without a valid reason and/or resistance, or abusive language toward the officer. In addition, the arresting officer will be consulted if there is any question as to the defendant's degree of cooperation or lack thereof.
  • failure to submit to alcohol testing, including the refusal of a PBT (preliminary breath test), or any breath, blood, or urinalysis testing upon arrest
  • the current DUI involves an accident -- An "accident" is defined as the infliction of any damage upon real property, personal property of another individual, or to any county property including bridges, sign posts, etc. An accident is further defined as any actions involving a motor vehicle which result in bodily injury to anyone other than the defendant.
  • a demand for jury trial has been filed and a jury trial date has been set.
  • The above-mentioned are not all inclusive or exclusive, but any one factor can automatically make a person ineligible for a diversion. Each request for diversion will be

    evaluated based upon the above. The County Attorney reserves the right to deny a DUI diversion based upon additional aggravating factors, such as failure to report an accident, leaving the scene of an accident, etc. Notwithstanding the provisions set forth above, the County Attorney reserves the right to grant diversions to anyone if it is deemed to be in the interests of justice and of benefit to the defendant and the community, in accordance with K.S.A. 22-2907 and K.S.A. 8-1567, et seq., as amended.

    The diversion fee is $100.00, plus court costs of $54.00, for a total of $154.00. Payment in full must be made prior to filing of the agreement unless other arrangements have been made. In addition, an alcohol evaluation must be obtained prior to filing the agreement. Failure to make payment or to obtain an evaluation may result in the agreement becoming null and void. The agreement will go into effect once all costs have been paid, the evaluation is submitted to the County Attorney, and the diversion agreement is filed with the court.

    The diversion fee is for the charge of DUI only. All other diverted charges will result in an additional minimum fee of $10.00 per charge or the minimum fine, which would otherwise be assessed by the court (i.e., no proof of insurance would be an additional fee of $300.00).

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