Are You Eligible for a DWI Diversion Program in Louisiana?

A DWI charge in Louisiana can lead to fines, probation, driver’s license suspension, mandatory substance abuse treatment, and even jail time.

But first-time offenders may qualify for a DWI diversion program. The program can reduce penalties and, in some cases, dismiss charges upon successful completion.

DWI diversion programs vary by parish in Louisiana because they are administered by the District Attorney’s Office in each jurisdiction. Some programs allow for record expungement, while others focus on education and rehabilitation.

Need help with a diversion program? Call the Ikerd Law Firm at (337) 366-8994 today.

An Overview of a DWI Diversion Program

A DWI diversion program is an alternative to traditional prosecution that focuses on rehabilitation instead of punishment. These programs consist of substance abuse education, probation, community service, and monitoring.

How a Diversion Program Differs From a Conviction

A DWI conviction can result in:

• A permanent criminal record that affects employment and housing.
• License suspension and the installation of an ignition interlock device.
• Higher car insurance premiums and difficulty obtaining future loans or licenses.

Completing a diversion program may:

• Prevent a conviction from appearing on your record.
• Reduce or eliminate penalties like jail time and fines.
• Allow for possible expungement of the DWI arrest from your record.

Eligibility Requirements for a DWI Diversion Program in Louisiana

Each parish has its own eligibility criteria set by the District Attorney’s Office.

But common requirements include:

1. First-Time Offenders

   Most DWI diversion programs are only available for first-time offenders with no prior DWI, DUI, or OWI convictions.

2. No Prior Criminal History

   A clean record outside of the DWI charge increases your chances of acceptance.

3. Low Blood Alcohol Content (BAC) at Arrest

   Many programs limit eligibility to those with a BAC below 0.15. A higher BAC may indicate greater impairment and could lead to disqualification.

4. No Aggravating Factors

   Certain circumstances disqualify defendants from diversion programs, such as:

   • Accidents that caused injury or property damage.
   • Having a child passenger in the vehicle.
   • Resisting arrest or attempting to flee law enforcement.

Who May Be Ineligible for a Diversion Program?

1. Repeat Offenders

   Most parishes do not allow multiple-time offenders to participate in diversion.

2. Cases Involving Accidents, Injuries, or Property Damage

   You may not qualify for a diversion program if your DWI resulted in an accident (even if no one was seriously injured).

3. High BAC Levels (Above Legal Thresholds)

   Some parishes set a BAC cutoff for eligibility. You may not be considered for diversion if your BAC is significantly over the legal limit.

4. Other Factors That May Affect Eligibility

   • Having additional criminal charges at the time of arrest.
   • Refusing a breathalyzer test.
   • Prior participation in another diversion program.

DWI Diversion Programs in Louisiana

Each parish in Louisiana has different DWI diversion program requirements.

Lafayette Parish

• Administered by: 15th Judicial District Attorney’s Office
• Eligibility: First-time offenders, BAC below 0.15, no accidents or injuries.
• Requirements: Alcohol education classes, 40+ hours of community service, regular probation check-ins, and drug/alcohol testing.
• Length: Typically 12 months.

East Baton Rouge Parish

• Administered by: 19th Judicial District Attorney’s Office
• Eligibility: First-time offenders, no prior felonies, BAC below 0.15.
• Requirements: 12-month program, ignition interlock device, AA meetings, community service.
• Completion Benefits: Charge dismissed; expungement available.

Orleans Parish (New Orleans)

• Administered by: Orleans Parish District Attorney’s Office
• Eligibility: No prior DWI offenses, BAC below 0.15, no aggravating factors.
• Requirements: 6–12 months of probation, alcohol safety classes, and counseling.
• Completion Benefits: DWI charge may be reduced or dismissed.

Jefferson Parish

• Administered by: 24th Judicial District Attorney’s Office
• Eligibility: First-time offenders only.
• Requirements: Drug/alcohol testing, defensive driving course, 50 hours of community service.
• Completion Benefits: Possible charge reduction for reckless driving.

St. Tammany Parish

• Administered by: 22nd Judicial District Attorney’s Office
• Eligibility: No accidents, no minors in the vehicle, BAC under 0.15.
• Requirements: Supervised probation, alcohol treatment, and victim impact panel attendance.
• Completion Benefits: Case dismissed upon successful completion.

Calcasieu Parish (Lake Charles)

• Administered by: 14th Judicial District Attorney’s Office
• Eligibility: First-time offenders with no additional criminal charges.
• Requirements: Random drug/alcohol testing, monthly meetings with a probation officer, community service.
• Completion Benefits: Charges dropped and eligible for expungement.

Caddo Parish (Shreveport)

• Administered by: Caddo Parish District Attorney’s Office
• Eligibility: No injuries or property damage, BAC below 0.15.
• Requirements: Alcohol counseling, ignition interlock device, AA meetings.
• Completion Benefits: Possible reduction of charges for reckless driving.

How to Apply for a DWI Diversion Program

1. Consult a Louisiana DWI Attorney – A lawyer can evaluate your case and determine whether you qualify for diversion in your parish.
2. File a Diversion Request – Your attorney will submit an application to the District Attorney’s Office in your jurisdiction.
3. Review by the Prosecutor – The DA evaluates your eligibility based on your criminal history, BAC level, and cooperation during arrest.

Benefits of Completing a DWI Diversion Program

• Avoids a Criminal Conviction – The DWI charge is dismissed or reduced.
• Preserves Driving Privileges – You may avoid full license suspension.
• Allows for Expungement – Some programs allow early expungement of the DWI arrest.
• Reduces Long-Term Consequences – You avoid a permanent mark on your record that can affect employment and housing.

What If I’m Not Eligible for a Diversion Program?

If you don’t qualify for a diversion program in your parish, there are other legal options to explore:

• Plea Bargains – Your lawyer may negotiate a plea deal to reduce charges.
• Alternative Sentencing – Some parishes offer non-diversion programs for repeat offenders.
• Trial Defense – If the case against you is weak, you may be able to fight the charges in court.

Take Action Today to Protect Your Future

If you have been charged with DWI in Louisiana, you may qualify for a diversion program. To find out if you qualify for one, contact a Louisiana DWI defense attorney immediately. A lawyer can help you apply, negotiate with prosecutors, and fight to minimize the impact of your charge.