Wichita Bail Bonds Blog

In Kansas, the DUI diversion program allows certain first-time offenders to avoid a conviction by completing court-approved conditions instead of going through a traditional prosecution. This option is meant to give individuals a second chance while still holding them accountable for their actions. Not everyone charged with DUI qualifies, and eligibility depends on the details of the case and the person’s criminal history.

Basic Qualifications

• You must be a first-time DUI offender with no prior DUI convictions or diversions in Kansas or any other state.
• The DUI must be a misdemeanor (not a felony), meaning no one was seriously injured or killed as a result of your actions.
• You cannot have been driving a commercial vehicle or holding a commercial driver’s license at the time of the arrest.
• You must not have been involved in an accident that caused bodily harm or death to another person.
• You must not have refused a lawful request for a breath, blood, or urine test during the arrest process.
• You must not have had a particularly high blood alcohol content (BAC), typically 0.15 or above, depending on county policies.

Application Process

• You apply for the diversion program through the prosecutor’s office handling your DUI case.
• Most counties, including Sedgwick County (Wichita), have strict deadlines for applying – usually within 30 days after your first court appearance.
• You must sign a diversion agreement admitting to the facts of the DUI but not pleading guilty in court. This admission can be used against you if you fail to complete the program.
• The prosecutor reviews your driving record, criminal history, and details of the offense before making a decision.

Program Requirements

• Attend and complete an alcohol or drug evaluation and follow all treatment recommendations.
• Attend a DUI victim impact panel.
• Pay all program fees, court costs, and fines, which can range from $800 to $1,500.
• Complete a probationary period, often 12 months, without any new violations or alcohol-related offenses.
• Install an ignition interlock device if required by the court.

What Happens After Completion

Once you successfully complete the diversion program, the DUI charge is dismissed. It will not count as a criminal conviction, but it remains on your driving and criminal record as evidence that you participated in diversion. This means if you are ever charged again, it will be treated as a second offense.

When You Cannot Qualify

• If you caused an accident resulting in injury or death.
• If you were driving a commercial vehicle or held a CDL at the time of the DUI.
• If you have had a prior DUI conviction or diversion in any state.
• If your case involved an extremely high BAC, serious reckless driving, or refusal to submit to testing.

To qualify for the Kansas DUI diversion program, you must be a first-time, non-commercial offender with no prior DUI cases and no accident-related injuries. The program gives you a chance to avoid a conviction by completing treatment, education, and probationary requirements. Each county prosecutor decides eligibility, so early application and compliance with all requirements are essential for acceptance.