Effective January 1, 2010, the Office of the Attorney General (OAG) in Washington D.C. will no longer accept people charged with DWI or DUI into the D.C. diversion program.
The diversion program has traditionally been a good way for a first-time offender with a low blood alcohol content to avoid prosecution. Admission into the program is entirely discretionary with the OAG.
People charged with a drinking-and-driving offense prior to this date will still be eligible. However, the assistant chief for criminal in the OAG’s Public Safety Division informed me that the OAG now considers DUI, DWI and other drinking-and-driving offense as too serious for inclusion in the diversion program. There has not been a formal announcement or anything in writing. It was just an internal policy decision.
The decision removes what was once a very attractive option for many people charged with DUI or DWI in D.C. It will undoubtedly increase the number of cases that go to trial.