Jefferson County First Offenders DUI Diversion Program*
Jefferson County is one of only a few counties in Kentucky that provide a special DUI diversion program called the First Offenders Diversion Program, or FODP. In order to qualify for the Program, which is based out of the Hall of Justice in Louisville, the following criteria must be met:
A person is automatically disqualified from the FODP if any of the following are present:
If all of the above criteria are met, and the person is not disqualified by any of the above factors, the FODP process is as follows:
The Program costs $300 and must be paid by money order to the Jefferson County Attorney's Office within 30 days days of entry.
If the Defendant accepts being entered into the program,
If the Defendant is on-track with the FODP after the three months, the case is then continued for an additional nine months to show proof of completion.
If the Defendant gets charged with a new offense (felony or non-petty misdemeanor), or if the director of the FODP determines that the Defendant failed to comply with the program, then the DUI Diversion agreement is terminated and the Defendant’s DUI case will be returned to court for sentencing (since the Defendant will have already plead to the DUI previously - fighting the DUI is no longer an option at that point.)
The FODP has two phases.
If the Defendant acquires new charges while the Diversion is not yet complete, or the FODP terms are violated, the Defendant will be sentenced in accordance with standard DUI First Offense penalties. The director reserves the right to impose sanctions in lieu of termination from the FODP.
If, after one (1) year, the FODP Program is completed, the guilty plea will be set aside. Then, two (2) years after the intial dismissal, the offense will be eligible for expungement (as opposed to the standard five (5) years necessary for expungement of a DUI first offense.)
*The following information is taken directly from the Jefferson County Attorney's Office. They reserve the right to deny any application even if the minimum eligibility criteria are met at the discretion of the FODP Director.
If you have been charged with a DUI, you need competent and experienced counsel to help you with your case. We can help find out if you qualify for the DUI FODP Program or if it is even the right course of action for you to take.
Do not delay, call the DUI Guy today.