Introduced

• The defendant has not previously been convicted of an intoxicated-related traffic offense;

• The defendant is not currently enrolled in and has not in the previous 10 years completed another diversion program;

• The defendant does not hold a commercial driver's license; and

• The offense did not occur while operating a commercial vehicle.

The court may continue the diverted case for a period of up to 2 years and order the defendant to comply with terms and conditions of the program as determined by the court. As part of the program requirements, the court shall require installation of an ignition interlock device for a period of not less than 1 year. The court shall notify the defendant that he or she is required to install an ignition interlock device as well as notify the defendant of any other requirements of the program. Any person required to install an ignition interlock device shall be subject to penalties as provided under the law.

Additionally, the Department of Revenue shall inform the defendant of the requirements of the DWI diversion program and shall keep records of the installation of any ignition interlock devices. Any person participating in the program shall submit a verification of installation and pay a fee as provided in the act. Any certified ignition interlock device provider shall inform the Department of any tampering of the device as provided in the act.

Finally, after the completion of the DWI diversion program and if the defendant has complied with all the imposed terms and conditions, the court shall dismiss the criminal case against the defendant, record the dismissal, and transmit the record to the Missouri Uniform Law Enforcement System (MULES). If the defendant does not comply with the terms of the program, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted.

MARY GRACE PRINGLE