If you have been arrested for drunk driving in Wisconsin, the best-case scenario is to get your operating while intoxicated (OWI) charge dismissed without going to trial. Getting your charge dismissed will allow you to avoid the life-altering consequences of an OWI conviction, and getting it dismissed without going to trial will save you time, money, and stress.
Is this outcome too good to be true?
In many cases, the answer is “No.” Not only are there ways to fight your OWI charge before your trial date arrives, but diversion is also an option for many first-time offenders.
What is “Diversion” in a Wisconsin OWI Case?
The Wisconsin Courts have established several diversion programs that allow first-time offenders to avoid the life-altering consequences of a conviction. While each program has different eligibility criteria and requirements, it generally functions the same way.
When you enter one of these programs, your case is “diverted” from trial. This means your case is taken off of the court’s docket during your participation. Your case will be dismissed if you fully participate in the program and complete its requirements successfully. You will not have to go to trial and will not have an OWI conviction on your record.
As a result, seeking diversion is a good option for eligible first-time offenders who do not have substantial grounds to fight their OWI charges. To qualify for diversion, you do not need to have a defense to your OWI charge. Even if there is no question that you were driving under the influence, you may still be eligible to enroll.
What to Expect if You Enroll in an OWI Diversion Program
Let’s say you are eligible for diversion, and let’s say you decide to enroll. What can you expect from this point forward?
Generally, participating in an OWI diversion program involves completing specific requirements while ensuring you stay out of trouble. In this way, it is somewhat similar to being on probation. However, while probation violations can lead to jail time, failing to complete a diversion program will put your case back on the court’s trial docket.
Some examples of typical requirements under OWI diversion programs include:
- Attending alcohol counseling
- Attending substance abuse classes
- Performing community service
- Submitting to mandatory blood alcohol concentration (BAC) testing
- Paying fines and restitution
- Abstaining from illegal drug use and excessive alcohol consumption
- Avoiding criminal activity (including OWI)
Again, these are just examples. If you are considering diversion to resolve your Wisconsin OWI case, you will want to make sure you understand the specific requirements that apply in your jurisdiction. If you are not confident that you can meet these requirements, seeking diversion might not be your best option.
Should You Seek Diversion in Your Wisconsin OWI Case?
With this in mind, should you seek diversion in your Wisconsin OWI case? The answer to this question depends on your specific circumstances, and you will want to consult with an experienced Madison OWI lawyer to ensure that you are making an informed decision. Here are some of the critical factors your lawyer will help you consider:
1. Are You Eligible to Enroll in an OWI Diversion Program?
First, you must determine whether you can enroll in an OWI diversion program. If you aren’t eligible, there is no point in going any further—instead, you should focus on building your defense or seeking a plea bargain. While many first-time offenders are eligible, there are exceptions, and you do not want to spend time, money, and effort seeking diversion when you should instead be focused on pursuing another route to minimize the consequences of your OWI arrest.
2. Are You Confident in Your Ability to Meet the Program’s Requirements?
Second, you must be confident in meeting the program’s requirements if you are eligible. As mentioned above, if you do not complete your OWI diversion program successfully, your case will be returned to court. If there is a good chance that you will end up fighting your OWI charge anyway, then enrolling in a diversion program might not be worth it.
3. Do You Have Strong Defenses to Your OWI?
Finally, while entering into a diversion program is one way to get your OWI charge dismissed (if you are eligible), this is not the only option for seeking dismissal. If you have strong defenses to your OWI charge, you may be able to avoid a conviction without going through a diversion program. Working with an experienced Madison OWI lawyer who can help you make informed decisions is also critical.
How Do You Enroll in an OWI Diversion Program in Wisconsin?
The steps for enrolling in an OWI diversion program vary between jurisdictions. When you hire a Madison OWI lawyer to represent you, your lawyer will guide you through seeking enrollment. Your lawyer will also help ensure you understand all the requirements you need to meet, and your lawyer will be there if you have questions or concerns while participating in the program.
While diversion can be a good option for resolving your OWI case, once again, you should not assume this is the best approach. To ensure that you are making informed decisions with your long-term best interests in mind and that you do not run out of time to protect yourself, you should speak with a lawyer as soon as possible.
Contact Us for a Free Consultation with a Madison OWI Lawyer
Do you have questions about seeking diversion in your Wisconsin OWI case? If so, we encourage you to contact us promptly for a free consultation. To discuss your case with an experienced Madison OWI lawyer in confidence, call 608-305-4518 or tell us how we can reach you online now.