DUI INFORMATION SHEET
NOTICE TO ALL DEFENDANTS CHARGED WITH DUI OR PHYSICAL CONTROL
YOU HAVE BEEN CHARGED WITH DRIVING (OR BEING IN ACTUAL PHYSICAL CONTROL OF) A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS. THOSE CHARGES ARE REFERRED TO HEREAFTER AS “DUI.” HOWEVER, PLEASE FINISH READING THIS NOTICE.
Even though you have been charged with DUI, you may be eligible to petition (ask) the Court to be placed on Deferred Prosecution. The Deferred Prosecution program is an alternative to conviction and punishment for those persons who have an alcohol (or drug or mental) problem and who will benefit from a treatment program. If you are accepted into AND COMPLETE the Deferred Prosecution program, you will not be convicted of the offense with which you are currently charged, nor be required to serve any jail time or pay a fine, nor will you lose your license to drive a motor vehicle. Also, at the end of the five-year period1, the charges against you will be dismissed (but may be grounds for an enhanced penalty if you subsequently commit DUI). You will, however, be required to successfully complete an intensive two-year treatment program for your alcohol, drug or mental problem, and arrange to pay the cost of such treatment, and you will also be required to install an Ignition Interlock Device on any car you drive for a period designated at the time of deferral. AND THE DIRECTOR OF LICENSES WILL PLACE YOUR LICENSE IN A PROBATIONARY STATUS FOR 5 YEARS FROM THE VIOLATION DATE.
However, the Court will accept a Petition for Deferred Prosecution from anyone who has previously been on Deferred Prosecution, or who sincerely believes they are innocent of DUI, or who believes that they do not, in fact, have an alcohol (or drug or mental) problem.
Furthermore, before you are accepted into the Deferred Prosecution program, you will be required to stipulate (admit) to the facts contained in the police reports (including the results of any breath or blood alcohol tests.) Those reports will be used to convict you of the offense charged if the Court finds cause to remove you from the program.
You MUST AND WILL be removed from the program (and be found guilty and sentenced without further trial) if you are convicted of an offense similar to the one with which you are currently charged, during the Deferred Prosecution period (at least 5 years)
1 Charges may only be dismissed at the end of a three year period following proof of successful completion of the two year treatment program, and no sooner than five years after entry of the order deferring prosecution.