Adult Alcohol Diversion Program

What you should know before entering the Diversion Program

The Diversion Program is offered to first-offense Driving While Intoxicated (DWI) offenders in Sarpy County, Nebraska. The program is made available through the Sarpy County Attorney's office.

The Diversion Program is eighteen months in duration, the client only being active in the program for a period of six months. The additional twelve-month time frame is that time in which if another alcohol-related offense is committed, the courts will then file on both charges -- the new arrest and the original DWI. By entering the Diversion Program, your case will be diverted around the trial courts. Therefore, you will not be found guilty in a court of law, resulting in no conviction of the offense appearing on your record. A first-offense DWI is a misdemeanor. The record of your arrest at the law enforcement agency conducting the arrest will not be erased since it is now a matter of history.

Your driver's license, if taken by the arresting officer, has been sent to the Department of Motor Vehicles (DMV) in Lincoln, Nebraska. If the state of issue of the driver's license is other than the state of Nebraska, your license has been returned to the state of issue. You may have to meet the reinstatement requirements of both the state of Nebraska and of the issuing state to get your license back. For more information concerning the return of your license, you may call the Department of Motor Vehicles in Lincoln, Nebraska at (402) 471-2281.

Sarpy County and the State of Nebraska does not notify your insurance company of the arrest. However, if your insurance company inquires with the DMV when your policy is up for renewal, they may be told that your license has been suspended for a DWI or that your license has been suspended under the ALR law.

If you were required to post a $200 bond at the time of your release from custody, you are entitled to a partial refund of the money at the time your case is dismissed from court. Your case may be dismissed at the time of your program completion (six months minimum) or at an earlier date (90 to 100 days from the time of entering the program) if you chose to participate in the program and do all that is required in a timely fashion. From your $200, you will be paying $20 as a fee for being allowed to bond out of jail. Additional fees may include $24 for court costs and an additional $50 for the breath test you gave at the jail the night of the arrest.

At the time of your initial interview with a Diversion Officer, an assessment will be made as to the degree of problem you may have with alcohol and appropriate recommendations made for you to participate in the program.

The fee for participating in the Diversion Program is $575. The fee is the sum of two fees:
· $500 for participating in the Diversion Program and
· $75 for the required Alcohol Education Program.
All fees are non-refundable.

Your entry in the Diversion Program does not mean that you are excused from appearing in court as scheduled for all court hearings. You, or your legal representative (attorney), must appear for all court hearings until such time as your case is dismissed. Failure to attend a scheduled court hearing will result in a warrant for your arrest being issued. Failure to appear will also result in you forfeiting your bond money to the courts.

The Diversion Office has the right to request and collect a random urine sample (UA) for testing on all active participants in the Diversion Program. If the results are positive, you will be required to pay the $10 fee. If the results are negative, the Diversion Program will assume the costs.

Due to wide use today of communication "extras" such as "caller ID", "voice mail", and "pagers", it has become necessary to tighten the rules as it pertains to being available if called by a Diversion Officer. It is part of the contract that you will always be available for Random Testing for Alcohol/Drugs. If an attempt to contact you is not successful, you will be subject to being called at your place of employment to come to the Diversion Office for the testing.