The Boulder County Alcohol
Diversion Program is an education/intervention program designed to teach first
time offenders of underage alcohol possession/consumption the dangers of
substance abuse. It was established by the Teen Alcohol Board in 1992 and
includes representatives from several local agencies who work with teens.
At the time of receiving a
Boulder County Alcohol Diversion Summons, the offender will be given an initial
court date, and the District Attorneys office will determine if the offender is
eligible for diversion. The offender is
required to appear in court on the date, time and place specified on the
summons. If the offender is eligible for diversion he/she will then receive a
new court date and approximately ninety (90) days to complete an Alcohol
Education Program through either the Boulder County Health Department, or if the
offender is a CU student, through the University of Colorado Wardenberg Student
Health Center.
If the
offender completes the appropriate Diversion Program two weeks prior to his/her
second court date, and proof of that completion is received by the District
Attorney’s Office and/or the Clerk of the Courts, the case will be dismissed and
the offender will not need to appear in Court. If the offender is eligible for
diversion, but fails to complete the appropriate program, he/she will be
required to appear in court on the designated second court date and will be
arraigned on the charge in court. If the offender pleads guilty and does not
receive any additional alcohol summons, the new sentence will be a nine month
deferred sentence, diversion class, 8 hours of community service, and pay
substantial court and community service costs. If the offender fails to appear
in court, a warrant will be issued for his/her arrest.
Offenders of the underage
possession/consumption law have the following options:
FIRST TIME OFFENDERS
1. Diversion
Under 18
Offenders who
complete the Teen Alcohol Diversion class offered by the Boulder County Public
Health will have their cases dismissed. This class consists of four two-hour
classes and requires the participation of at least one parent. The offender is
responsible for the cost of the class.
BCPH
contact information:
303-441-1465
www.co.boulder.co.us/health/commhlth/diversion.htm
Under 21/CU Student
Offenders who complete the FAC (Focus on Alcohol
Concerns) class offered by the University of Colorado Wardenburg Student Health
Center will have their casses dismissed as well. This is a six-hour class and
requires the participation of the offender only. The offender is responsible
for the cost of the class.
FAC
contact Information:
303-492-1465
www.colorado.edu/healthcenter/php/fac.html
Under 21/Non-CU
Student
Offenders who complete the Alcohol Diversion
class offered by the Boulder County Public Health will have their cases
dismissed. This class consists of four two-hour classes and does not require the
participation of a parent. The offender is responsible for the cost of the
class.
BCPH contact information:
303-441-1465
www.co.boulder.co.us/health/commhlth/diversion.htm
*Students
who are unable to participate in the FAC or Boulder County Public Health
Department programs can participate in another Alcohol Diversion Program that
consists of 8 hours of alcohol education.
Under
21/Non-CU Student Who Resides Out of State
If the offender
resides out of state, they may take an alcohol class at another location. The
class must be 8 hours long. The offender is responsible for the cost of the
class.
2. Plead Guilty
See below under
"First Conviction."
3. Plead Not Guilty and Go
To Trial.
SECOND TIME OFFENDERS
1. Plead
Guilty
Second time offenders will receive a 9 month deferred sentence, 24 hours
community service work, and the Second Offenders Program. If the offender
completes the community service work and Second Offenders program within the 9
months, the case will be dismissed. If not, the sentence will be revoked, the
offender will be given a date for a revocation hearing and a guilty conviction
will be entered. The Second Offender program can be taken through Boulder
County Public Health.
BCPH contact information:
303-441-1465
www.co.boulder.co.us/health/commhlth/diversion.htm
2.
Plead Not Guilty and Go To Trial.
FIRST CONVICTION (or Third Offense)
Upon a first conviction, the offender will be
ordered to pay court costs and fines, 24 hours community service, alcohol
evaluation and treatment, substance abuse monitoring, and no alcohol. The DMV
will be notified of the conviction and your driver’s license privileges may be
suspended.
SECOND CONVICTION (or Fourth
Offense)
Upon a first conviction, the offender will be
ordered to pay court costs and fines, 24 hours community service, alcohol
evaluation and treatment, substance abuse monitoring, and no alcohol. The DMV will
be notified of the conviction and your driver’s license privileges may be
suspended.
THIRD and SUBSEQUENT CONVICTIONS
The sentence for a third and subsequent
conviction is court costs and fines, 12 months probation supervised by RMOMS or
probation, 32 hours community service (for 3rd), 48 hours community
service (for 4th), alcohol evaluation and treatment as recommended,
substance abuse monitoring, and no alcohol. Third convictions will be treated as
a second-degree misdemeanor offense. The DMV will
be notified of the conviction and your driver’s license privileges may be
suspended.
[Reference C.R.S subsection 18-13-122 and
subsection 42-4-125]
FREQUENTLY ASKED QUESTIONS
Q:
I am eligible for diversion; do I need to appear in court on the date specified
on my ticket?
A. Yes, you
must appear in court on the date specified. You will then be given 90 days to
complete your diversion program.
Q: I am enrolled in the Diversion Program but will not have
completed the classes two weeks prior to my second court date, can I get an
extension/continuance?
A: No extensions will be granted, you must appear in court on
the date you were given by the courts.
Q: What if I live out of state, and I am eligible for
diversion, how can I take care of this ticket?
A: Anyone who is out of state and is not able to do the Boulder
County Program must find 8 hrs worth of alcohol counseling in his or her area.
Then it is their responsibility to send the DA’s office their completion of that
program prior to their court date.
Q: What if I live in the state, but for other reasons I am
unable do the Boulder County Program, what should I do?
A: It is up to the discretion of the DA's office whether to
permit you to go elsewhere. There is a list of other places that the DA's office
can provide you. In that event, they are looking for a alcohol diversion class
to complete. Again, they must provide the DA’s office with that completion.
Q: What if I have already taken the FAC Program because of a
housing referral and cannot take it again, even though I am eligible?
A: In the event that this occurs, you must take the Boulder
County Health Department’s Program or the equivalent.
Q: I have a warrant for my arrest, what can I do?
A: If your are still eligible, there are 3 choices:
1. You could post a $500 bond and receive a new
court date. This can be done in the Clerk of the Courts office, without actually
being arrested.
2. Contact the Clerk’s of the Courts office to
receive a new court date, upon appearance in court the warrant will be quashed
and a new court date will be given.
3. You could complete the diversion program and
upon completion, a motion would be filed to quash the warrant and dismiss your
case. WARNING: At any point when the warrant is active you can be
arrested. This is not a choice that we would suggest one take.
Q: How do I get my bond back?
A: The bond is released upon your being sentenced. You will
need to go to the Clerk’s office to make arrangements for receiving your check.
You may call the Clerk’s office at 303-441-3750 with any questions you may have.
Q: What if I have a DUI or DWAI, and this is my first alcohol
ticket, am I eligible for diversion?
A: No, diversion is offered only to first time alcohol related
offenses. Furthermore, when you receive a DUI or DWAI you are required by law to
do a level I alcohol class. This Program is a Level I class, which would make
this program redundant.
Q: Where do I send my completion?
A: You can send your completion to: Boulder County District
Attorneys Office, P.O. Box 471, Boulder, CO 80306. You can fax your completion
to: 303-441-4703.
Q: Can I get a court extension/continuance on a second or
subsequent offense?
A:
No, you must appear in court on the date
specified on your ticket.
Q: This is my second offense; will my driver's license be
revoked?
A: No, on your second offense you will receive a 9 month
deferred sentence. If in the next 9 months of the sentencing date you do not
commit any new crimes then your case will not register as a conviction. If the
deferred sentence is revoked then, DMV will revoke your license.
Q: I have not finished my sentence requirements and my 9 month
deferred sentence/probation is over. Can I get an extension?
A: Extensions can only be granted by the magistrate. You can
submit a written request for an extension to the magistrate with details as to
why you were unable to fulfill your requirements. Make sure you include all of
your contact information including current address, email address, case number
and phone number.
Magistrate Cole
P.O. Box 4249
Boulder, CO 80306
Q: Whom do I speak with if I have questions that have not been
answered?
A: You can reach the Alcohol Diversion Coordinator at
303-441-4873 or call the District Attorney Receptionist at 303-441-3700.
