Diversion Program

Being charged with a DUI in Connecticut has many consequences, such as fines, jail sentences, and license suspensions. However, there are some alternative programs a defendant can take if they are eligible and the court allows them permission. Connecticut has many DUI diversion programs available to offenders, with the court’s approval.

Pretrial Impaired Driving Intervention Program

Connecticut’s Pretrial Impaired Driving Intervention Program (IDIP) is a diversionary program that allows certain people charged with driving or operating under the influence to have their criminal charges dismissed without a conviction if they successfully complete the program. The program is governed primarily by Connecticut General Statutes § 54-56r and replaced the former Pretrial Alcohol Education Program.

Eligibility is subject to several important restrictions. A person generally cannot participate if they have used IDIP, or its predecessor Alcohol Education Program, during the 10 years immediately preceding the application. The statute separately restricts eligibility for people who have previously been convicted of specified impaired-driving offenses in Connecticut or substantially similar offenses in another state. Certain commercial drivers are also excluded. If the alleged offense caused serious physical injury to another person, participation is generally prohibited, although the court may permit participation upon a showing of good cause.

To apply, the defendant submits an application to the court and pays a $100 nonrefundable application fee and a $150 nonrefundable evaluation fee. When an application is made, the court file is sealed from public disclosure while the application is pending.

Eligibility does not guarantee admission. The judge ultimately decides whether to grant the application. The court may consider the prosecutor’s recommendation as well as statements from victims or others entitled to notice. If the application is granted and eligibility is confirmed, the defendant is generally placed in the program for one year and referred through the Judicial Branch’s Court Support Services Division (CSSD) for evaluation and appropriate programming.

Depending on the evaluation, the participant must complete either a 12-session alcohol education component or a substance-use treatment component consisting of at least 15 sessions. The court may also order participation in a victim impact component. Additional program and treatment fees apply. The statute contains provisions allowing certain fees and costs to be waived for individuals found indigent.

The principal benefit of IDIP is what happens after successful completion. If the participant completes the required education or treatment and satisfies the court’s conditions, the criminal charge is dismissed. As a result, the defendant avoids a criminal conviction for that charge.

If the participant fails to complete the program, the court may terminate participation. The file can then be unsealed, a not-guilty plea entered, and the criminal prosecution resumed. The statute does, however, provide a procedure through which a terminated participant may seek reinstatement in the program.

Supervised Diversionary Program

The Supervised Diversion Program is used for those who have psychiatric disabilities or veterans with mental conditions which are responsive to treatment. This program may be available to those who committed a crime or motor vehicle infraction, which is not serious but would result in a jail sentence.

If there is a victim in the case, they will be made aware of the defendant’s program application and can give their opinion on it to the court. Court Support Services will help decide if a person can participate and what treatments and services they should get. If the defendant is approved for the program and completes it successfully, the court will dismiss the charges. Offenders who are not eligible for this program have used it twice already or do not qualify for Accelerated Rehabilitation.

Although DUIs come with both legal and personal consequences, these programs can help a defendant avoid the stress of court cases and consequences. A good attorney can help you participate in a diversion program if you have been charged with a DUI. Contact Lady DUI to speak with a DUI defense attorney today.