Tier Two (Enchanced)
Program Description
This program is designed for 1st time DUI Offenders whose cases may still be appropriate for diversion but involve enhancement criteria. Successful completion of all conditions of this program will result in an Accused Person’s case being dropped.
Program Eligibility
In addition to the eligibility requirements outlined for general admission into a Pretrial Intervention Program., there are special considerations for participation in the Pretrial DUI Program Tier 2 which include:
- The driving pattern or decision to drive must not have created a serious threat to the safety of the public.
- The case must not have involved a collision.
- There is no prior alcohol related driving history regardless of the disposition of the charge.
- Must not have previously participated in a DUI diversion program.
- The breath/blood alcohol test and average result is between 0.15 and 0.22.
- Cases involving refusals to submit to breath/blood test can be considered for admission.
Notwithstanding any of the above criteria, eligibility will be determined on a case-by-case basis at the discretion of the Supervising Assistant State Attorney and may be based on factors not listed above.
