Defendant is charged with DUI/Physical Control and is on the docket for a preliminary hearing. Prosecutor determines if defendant meets eligibility criteria for DUI Court Program (DCP) and advises defense counsel if defendant meets eligibility criteria.
If defendant intends to pursue DCP then defense counsel should file the following:
- Request for Referral
- Informed Consent Form
- Waiver of Speedy Trial
If defendant is currently scheduled for hearing on a criminal docket but wishes to pursue DUI Court sooner, you may file a “Note for Motion to Calendar” along with the other forms listed above, with the DUI Court Program Coordinator. DUI Court is every Thursday afternoon at 3:00pm.
If you are currently scheduled for a hearing on a criminal docket within a week or so you may at that hearing time ask to be reset to next DUI Court docket where you will then file your paperwork.
Once referral paperwork is filed, defense counsel will provide defendant contact information for screening and assessment along with copy of referral paperwork. Defendant’s case will be moved from the criminal docket and scheduled on the DCP docket where the defendant shall appear for court weekly until the screening & assessment process is completed and participation determined.
Prior to admission into the DUI Court Program, every potential participant must meet with the teams Probation Officer to be screened to determine level of risk/need. In addition the Probation Officer will conduct a brief interview to get some information that is necessary for the team to make a decision regarding admission. It is the responsibility of the defendant to arrange this meeting.
If the defendant screens as high risk/high need, and is referred for a alcohol/drug assessment, it is the responsibility of the defendant to arrange that meeting with Merit Resource Services. At that meeting, the teams chemical dependency professional will provide the defendant with the DUI Court Program handbook and discuss in general the program requirements. It is the responsibility of the defendant to review the handbook in its entirety.
NOTICE: Effective May 15, 2017
To improve the time of entry of participants into our DUI Court Program, we have altered the referral process to the program. We know from research that the sooner a person enters a therapeutic court program the better their chances are of successfully completing the program and maintaining a life of sobriety. Effective May 15, 2017 we will have a staff person screen all those newly arrested for DUI. The purpose of the screen is to initially determine eligibility based on admission criteria. That screening document will be available to the arraignment Judge, it will also be sent to the DUI Court Program prosecutor, Susie Silverthorn and the DUI Court Program defender, Virginia Lagerstam. They can serve as a point of contact for any of you who wish to have your client considered for admission to the DUI Court Program. Additionally, the interim program coordinator, Tamra Williams can also assist you with any questions you may have regarding the referral process.
There are two significant changes to the referral process:
A referral to DUI Court must be made prior to or at the first status conference. There can be exceptions to this rule for extraordinary reasons. The Judge hearing the case on that date will make the determination if the circumstances warrant deviation from the rule.
Once the case is referred, the defendant will be scheduled on the DUI Court calendar - Thursday at 3:00 p.m. They cannot stay on the standard criminal calendar.