Quick Summary
The Kansas DUI Diversion Program allows eligible first-time offenders to avoid a conviction by completing a court-supervised program (typically 12 months). If you meet all requirements, such as drug/alcohol evaluations, paying court costs/fines, and avoiding legal trouble, the prosecutor may dismiss the charges. Your first step after an arrest is securing release through a local bail bondsman so you can meet application deadlines with your defense team.
What is the Kansas DUI Diversion Program?
A DUI Diversion in Kansas is an alternative to criminal prosecution available primarily to first-time DUI offenders. Instead of standing trial or entering a guilty plea that leads to a criminal conviction on your record, you enter into a formal contract with the prosecutor (city or county attorney).
During the 12-month program, criminal proceedings are suspended. When you successfully fulfill all court-ordered conditions, the prosecutor files a motion to dismiss the DUI charges with prejudice.
Key Benefits of Diversion:
- No Criminal Conviction: This keeps a DUI conviction off your public criminal record.
- Avoid Jail Time: Fulfills sentencing obligations in the community rather than serving mandatory minimum jail sentences.
- Protection of Job & Housing: Prevents background checks from showing a criminal misdemeanor or felony DUI conviction.
(Note: While diversion prevents a criminal conviction, the arrest and diversion record will still appear on your Kansas driving record).
Who is Eligible for Kansas DUI Diversion?
Diversion is considered a privilege, not a right. Granting diversion is entirely at the prosecutor’s discretion. However, standard eligibility guidelines set by Kansas statute (K.S.A. 22-2908) and local district attorneys generally require:
- First-Time DUI Offense: You have no prior DUI convictions, diversions, or chemical test refusals in Kansas or any other state.
- No Serious Injury or Death: The incident did not involve an accident resulting in serious bodily injury or fatality.
- No Commercial Driver’s License (CDL): CDL holders are strictly prohibited from entering DUI diversion under federal and state law.
- Compliance During Arrest: You cooperated with law enforcement commands at the scene.
- Reasonable BAC Level: Extremely high Blood Alcohol Concentration (e.g., above .20) may create a presumption against diversion in certain Kansas counties (like Sedgwick or Johnson).
Step-by-Step Kansas DUI Diversion Timeline
- Secure Release from Jail (Bail Bond):Target Deadline: Within 24 Hours of Arrest.
Before you can apply for diversion, you must be released from custody. Working with a local bail bond agency like Owens Bonding ensures fast release so you can retain legal counsel and start gathering required paperwork.
- File the Diversion Application: Strict Deadline: Usually within 30 days of First Appearance.
Your attorney submits the official DUI Diversion Application along with required criminal history verification fees (typically $45–$150) to the District Attorney or Municipal Court Clerk within the strict 30-day window. - Complete ADSAP / Alcohol & Drug Evaluation: Prerequisite for Approval.
You must undergo an evaluation by a licensed Alcohol and Drug Safety Action Program (ADSAP) evaluator. The counselor evaluates chemical dependency levels and outlines recommended classes or treatment programs.
- Waive Constitutional Rights & Sign Agreement: Court Hearing.
To enter diversion, you must sign a written agreement waiving your right to a speedy trial, jury trial, and right to cross-examine witnesses. You also agree to a stipulated set of facts based on the police report.
- Fulfill 12-Month Supervision Requirements: Duration: 1 Year.
You pay all fines/court costs, participate in required treatment or Victim Impact Panels, undergo random drug/alcohol screens, and remain free of any legal violations for 12 months.
- Formal Case Dismissal: Completion Day.
Upon successful completion of all agreement terms, the prosecutor files a motion, and the court dismisses your DUI charges with prejudice.
What are the Typical Rules and Costs?
Mandatory Conditions
During your 12-month diversion period, you must strictly comply with all assigned terms:
- Total Abstinence: No alcohol or illegal drug consumption.
- Random Testing: Submitting to random urine analysis (UA) or breath tests.
- Victim Impact Panel (VIP): Attending a Mothers Against Drunk Driving (MADD) or local victim panel.
- Treatment & Education: Completing all counseling or classes recommended in your ADSAP evaluation.
- Lawful Behavior: Avoiding any new criminal citations, including minor traffic violations or misdemeanor offenses.
Cost Breakdown
| Fee Type | Estimated Cost | Notes |
| Application / History Fee | $45 – $150 | Non-refundable fee due upon application submission. |
| Diversion & Court Fees | $750 – $1,500+ | Includes supervision fees and statutory DUI fines. |
| ADSAP Evaluation | $150 – $250 | Paid directly to the certified state evaluator. |
| Victim Impact Panel | $50 – $75 | One-time attendance fee. |
What Happens If You Violate Kansas DUI Diversion?
If you fail a random drug/alcohol test, miss a monitor meeting, or receive a new charge, the prosecutor will file a Motion to Revoke Diversion.
Because you waived your right to a trial and stipulated to the accuracy of the police report upon entering the program, a revocation hearing almost automatically results in a guilty verdict based solely on the officer’s written report. You will then face formal sentencing, mandatory minimum jail time, driver’s license suspension, and a permanent criminal conviction.
How Bail Bonds Play a Critical Role in the Diversion Process
The clock on your DUI diversion options begins ticking the moment you are booked. Most Kansas jurisdictions enforce a strict 30-day post-first-appearance window to file for diversion.
- Immediate Release Allows Fast Action: Remaining in jail prevents you from scheduling your ADSAP evaluation, consulting a defense attorney, and collecting character references.
- Affordability: DUI bail amounts set by Kansas judges can range from $500 to several thousand dollars. A bail bond through Owens Bonding allows you to pay only a small percentage (typically 10%), keeping your funds available for diversion fees and legal counsel.
- Local Coverage: Owens Bonding has agents available to support you all across Kansas with 24/7 availability, ensuring you get back home and back to work immediately.
Frequently Asked Questions (FAQ)
Does DUI diversion show up on a background check in Kansas?
During the program, the arrest and pending charge are visible. Once successfully completed, the charge is dismissed, meaning you will have no criminal conviction on background checks. However, the DUI arrest and diversion will permanently remain on your Kansas Department of Revenue (KDOR) driving record.
Can I drive while on DUI diversion in Kansas?
Diversion addresses the criminal court process, while your driving privileges are handled separately by the KDOR administrative process. Depending on chemical test results or refusals, your driver’s license may still be suspended or require an Ignition Interlock Device (IID) for a specified period regardless of diversion enrollment.
Need fast DUI bail help in Kansas?
Owens Bonding provides 24/7 bail bond service across every Kansas county. Call 866-830-2663 or click here to Find a Local Agent today.