Harris County DIVERT Program
DIVERT is a pretrial intervention program for first-time defendants charged with D.W.I. in Harris County.
DIVERT is an agreement with a D.W.I. defendant and the D.A. If the defendant abides by the agreement, which includes terms similar to being on probation, the D.W.I. case is dismissed.
DIVERT is a great option for cases which would be hard to beat at trial. It has two major advantages over regular probation: 1) The arrest record can most likely be expunged. 2) A person on DIVERT does not have to pay DPS surcharges ($1000 to $2000 a year for three years) to keep their drivers license.
DIVERT, by the way, stands for Direct Intervention using Voluntary Education & Treatment.
DIVERT Eligibility
A defendant must apply to be accepted into the DIVERT program. Requirements include:
- No prior convictions
- No juvenile criminal history
- U.S. citizen or legal resident alien
- Defendant must take a substance abuse and life circumstance evaluation or SALCE
DIVERT Program Requirements
If a defendant is accepted into DIVERT, they are basically put on an informal probation for one to two years. There are several conditions of the agreement that the defendant must comply with. If the defendant complies with the conditions for the period of DIVERT, the D.W.I. case is dismissed and the arrest record may be able to be expunged in the future.
If the defendant fails to abide by the DIVERT conditions, he can be sentenced to thirty days in jail and a $750 fine. Or the judge may place the defendant on regular probation, which results in the drivers license surcharges and can never be expunged.
The requirements for a defendant on DIVERT include:
- Follow the law. A DIVERT participant cannot pick up a new offense
- Report to a probation officer
- Pay a $60 monthly supervision fee to the probation department
- Pay a $160 fee to the D.A.’s office
- Have an ignition interlock device installed within 7 days of signing the agreement and pay the associated fees of $59 a month
- Submit to drug testing, usually at least once a month
- Abstain from drinking alcohol
- Abstain from going to bars or clubs
- Stay in Texas, or request a permit for out of state travel
- Perform 16 hours of community service
- Attend a DIVERT orientation class and get an offender ID card
- There is also the possibility of a curfew, alcohol and drug evaluation, and counseling
Expunction
A benefit of DIVERT is that the D.A. will not oppose an expunction of the arrest record two years from the date of dismissal of the case.
However, while the D.A. has stated they will not oppose expunction, it is not clear whether the Texas Department of Safety will agree to the expunction.
Thus, while many of us believe expunction will be possible for DIVERT, it is somewhat unclear at this point.
County Criminal Court at Law No. 2
There are 15 misdemeanor courts in Harris County. All of them are accepting DIVERT participants except for County Criminal Court at Law No. 2. If your case lands in this court, you will not be able to apply for DIVERT.
Contact Me
If you are interested in DIVERT, you must move quickly. The D.A. has deadlines for DIVERT applications. You will need an attorney who can quickly evaluate your case and decide whether it can be dismissed or taken to trial or whether it is best to apply for DIVERT.
Please Contact Me to discuss your D.W.I. case at (713) 487-7575.