With “diversion” programs no longer available for DWI and DUI cases in Washington, D.C. (see my post of 12-3o-09), the next best option for people charged with a drinking-and-driving offense would appear to be a “deferred sentencing agreement” or DSA.
According to this arrangement, the defendant enters a plea of guilty to the offense and the court sets a date for sentencing 6 months to a year later. The defendant then has this period of time to complete an agreed set of terms. Terms may include participating in drug or alcohol treatment, paying restitution, making payment to the Crime Victims Fund, performing community service, or completing a traffic safety program.
If the defendant is successful in meeting his/her obligations under the DSA and can provide adequate proof to the court, the court will allow the defendant to withdraw the guilty plea and the prosecution will nolle prosequi (dismiss) the case. There is thus no conviction on the defendant’s record. If the defendant fails to provide this proof, the court will enter the guilty plea and sentence the defendant accordingly.
This is the major difference between a diversion and a DSA. If the defendant fails to complete the agreed upon terms under a diversion, the defendant will be bounced from the program but still has the option of taking the case to trial.