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 intends to pursue DCP then defense counsel must file the following documents prior to the first status conference:
- 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 Program Coordinator to be screened to determine level of risk/need. In addition the Program Coordinator 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.