Being charged with your first DUI can make you feel like your life is spiraling out of control. And in South Carolina, the stakes are high. Punishments are severe because the state actively wants to keep people from driving under the influence in the future. However, when it’s your first offense, the state doesn’t always want to throw the book at you. That’s why they created the DUI diversion program. Depending on your situation and your case, you and your South Carolina DUI defense attorney may be able to push for enrollment in the program. Here’s what you need to know.
The South Carolina DUI Diversion Program Explained
The DUI diversion program is designed to be an alternative to standard criminal prosecution for first-time offenders. The program allows your criminal record to be expunged after completion and gives you a fresh start.
This lets you avoid jail time and the stress and expense of time-consuming court dates.
Eligibility Requirements
To be eligible to enroll in the DUI diversion program, you must be a first offender. There are programs for underage individuals and adults alike, but you cannot have a prior DUI defense on your record. If you do or if you’ve already completed the program and are being charged for a subsequent offense, you’ll have to go through the traditional court process and face standard punishments.
What to Expect From the Program
The exact steps and requirements you’ll need to fulfill will depend on the program you enroll in. However, for most first-time DUI offenses, you’ll need to satisfy the following:
- Attend drug and alcohol classes: You’ll need to attend drug and alcohol classes that explain why DUIs are so harmful as part of the program.
- Enroll in an alcohol treatment program: The goal of the DUI diversion program is to give you the tools and resources you need to avoid committing DUI again in the future. By attending an alcohol treatment program, you’ll learn stronger and healthier coping mechanisms to keep you from reaching for booze when things get tough.
- Perform community service: As part of the program, you’ll be required to perform community service. The hours you’ll need to serve will depend on what the court determines as appropriate for your DUI.
- Pay the fee and any associated fines: You’re required to pay the fee for the program and any fines associated with your DUI. The exact price will vary based on the circumstances surrounding your case. If you’re worried about paying everything upfront, you may be able to make payments over time.
Your attorney will make sure you understand what you’re responsible for before you start the program. This way, you can make sure it’s right for your situation.
Completion of the Program Gives You a Fresh Start
After completing the diversion program, your DUI charge will be dismissed. This means you won’t be required to serve jail time or pay additional fees. However, those charges will still show up on your record. This means a prospective employer, landlord, or other person who conducts a background check will see that you were charged with DUI. However, your record should indicate that the charges were dismissed. This can help reduce the impact the DUI may have on your record.
You may be able to request that the charges be expunged from your record after completion of the program. Doing so can give you a completely clear record. Speak with your South Carolina DUI defense attorney to see if this is an option.
Schedule a Consultation
If you’re facing charges for a first-time DUI, you may be eligible for the diversion program. Contact Truslow & Truslow to learn more about your options and to see if a diversion program is in your best interest.