First- or second-time DUI defendants will sometimes qualify for diversion programs where they avoid going to jail by completing drug and alcohol rehab. Unfortunately, some people have trouble sticking to the rules of such agreements and end up at risk of being kicked out of their programs. It may be possible to avoid this outcome if this is something you're struggling with, but it depends on your specific circumstances. Here are a couple of things you can try.
Provide a Valid Reason for the Violation
When you commit a program violation, you're not automatically thrown in jail. There will typically be a hearing where the prosecution will recommend your participation in the diversion program be terminated and that you face the normal consequences of getting a DUI. Luckily, this hearing also provides you an opportunity to defend yourself and possibly avoid getting kicked out of the diversion program.
One option for avoiding having your agreement with the prosecutor terminated because of a violation is to provide a valid reason for going against the terms of the plea bargain. For example, if you were caught driving on a suspended license, the court may show mercy and let the violation slide if you can prove you only operated the vehicle because of unavoidable reasons (e.g. you had to take someone to the hospital).
Be aware, the worse the violation the more compelling your reasoning must be to convince the judge to side with you, and some violations won't be excused no matter what you say (e.g. you committed another DUI). However, it's worth discussing this option with your attorney who can advise you on what to say that may help you avoid being discharged from the diversion program.
Show You'll Suffer Undue Hardship
The Constitution prohibits cruel and unusual punishment. Although getting kicked out of a diversion program may not represent a wholly unfair or severe punishment for your crime, it may be possible to win the court's sympathy by showing that being removed from the diversion program may result in undue hardship for you.
For instance, showing you will lose your job and that your kids will be placed in foster care if you go to jail may convince the judge to give you a second chance. However, this may only work if the violation is fairly mild.
Alternatively, you could should show you're making significant progress with the program and removing you from may set you back on the road to he behavior that landed you in trouble in the first place. The judge may feel it's more beneficial to society to help you overcome your drug or alcohol addiction than to put you in jail.
If you violated the terms of your diversion program and need help resolving the situation, contact a criminal law attorney, such as at Boehmer Law, for advice and assistance.