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The Boulder County Alcohol
Diversion Program is an education/intervention program designed to help first
time underage alcohol possession or consumption Defendants develop a greater
awareness of how substance use and abuse can impact them and those around them.
The Alcohol Diversion Program was established by the Teen Alcohol Board in 1992
and includes representatives from several local agencies.
At the time of receiving a Summons
for Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person,
also known as a Minor in Possession (MIP) ticket, the Defendant will be given an
initial court date. The Defendant is required to appear in court on the date,
time and place specified on the summons. If the District Attorney’s Office
determines that the Defendant is eligible for the Alcohol Diversion Program, a
second court date will be set for approximately ninety (90) days from the
initial court date. The Defendant must complete an Alcohol Diversion class
through either Boulder County Public Health, or if the Defendant is a CU
student, through the University of Colorado Wardenburg Health Center.
If the Defendant completes the
appropriate Alcohol Diversion class and proof of completion is received by the
District Attorney’s Office at least two weeks prior to the second court date,
the case will be dismissed and the Defendant will not need to appear on the
second court date. It is the responsibility of the Defendant to confirm that the
District Attorney’s Office has received proof of completion of the class.
If the Defendant was eligible for
the Alcohol Diversion Program, but failed to complete the appropriate program or
provide proof of completion to the District Attorney’s Office, they will be
required to appear in court on the designated second court date. On that date,
they will be arraigned on the charge and can plead either “guilty” or “not
guilty”.
If the Defendant fails to appear
in court for any scheduled court date, a warrant will be issued for their
arrest.
Required Classes for
the Alcohol Diversion Program
Defendants who are under 18 shall
complete the Teen Alcohol
Diversion class offered by Boulder County Public Health. This class consists of
four two-hour classes and requires the participation of at least one parent or
legal guardian. The Defendant is responsible for the cost of the class.
BCPH contact information:
303.413.7547
www.co.boulder.co.us/health/commhlth/diversion.htm
Defendants who are CU students shall
complete the FAC (Focus on
Alcohol Concerns) class offered by the University of Colorado Wardenburg Health
Center. This is a six-hour class and requires the participation of the Defendant
only. The Defendant is responsible for the cost of the class.
FAC contact information:
303.492.1251 or 303.492.5654
http://www.colorado.edu/healthcenter/php/substanceabuse/fac.html
Defendants who are over 18 and not a
CU student shall
complete the Alcohol Diversion
class offered by Boulder County Public Health. This class consists of four
two-hour classes and requires the participation of the Defendant only. The
Defendant is responsible for the cost of the class.
BCPH contact information:
303.413.7547
www.co.boulder.co.us/health/commhlth/diversion.htm
Defendants residing out of
state who are under 21 and not a CU student:
If the Defendant resides out of
state, or is otherwise unable to complete a FAC or Boulder County Public Health
class, a comparable Alcohol Diversion class may be taken. The class must be 6-8
hours long and pre-approved by the Alcohol Diversion Coordinator in the District
Attorney’s Office. The Defendant is responsible for the cost of the class.
First time Defendants who do not complete an
Alcohol Diversion class and plead guilty will typically
receive a 9-month deferred sentence, be required
to complete 24 hours of community service work, an appropriate alcohol class,
and pay court costs, fees, and fines.
Second time Defendants who have previously completed the Alcohol Diversion
Program and then plead guilty to their second offense will typically receive a
9-month deferred sentence, be required to complete 24 hours of community service
work, the Second Offender Program, and pay court costs, fees, and fines. The
Second Offender Program is offered through Boulder County Public Health.
BCPH contact information:
303.413.7547
www.co.boulder.co.us/health/commhlth/diversion.htm
Defendants who have
previously completed a deferred sentence and plead guilty to their third offense
will be convicted of the offense and will typically be required to complete 24
hours of community service work, alcohol evaluation and treatment with substance
abuse monitoring, a condition of no alcohol, and pay fees and fines. The
Department of Motor Vehicles (DMV) will be notified of the conviction and the
Defendant’s driver’s license privileges may be suspended under Colorado law.
C.R.S. 42-4-125
A third conviction shall be a second-degree
misdemeanor offense and is subject to increased penalties.
C.R.S. 18-13-122
FREQUENTLY
ASKED QUESTIONS
Q: I am eligible for the Alcohol
Diversion Program. 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 approximately 90 days to complete an Alcohol
Diversion class.
Q: I am enrolled in the Alcohol
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 the Alcohol Diversion Program, how can I take care of this
ticket?
A: Anyone who lives out of state and is not
able to complete the Boulder County Program must find a 6-8 hour Alcohol
Diversion class in his or her area. It is your responsibility to send
verification of class completion to the District Attorney’s office at least two
weeks prior to the second court date.
Q: What if I live in the state,
but for other reasons I am unable complete either Boulder County Public Health
program or FAC. What should I do?
A: It is up to the discretion of the District
Attorney’s Office whether to permit you to go elsewhere. The District Attorney's
Office can provide you a list of other qualified programs. It is your
responsibility to send verification of class completion to the District
Attorney’s Office at least two weeks prior to the second court date.
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 for the Alcohol Diversion Program?
A: In the event that you are not allowed to
take the FAC Program again, you must complete an Alcohol Diversion class through
Boulder County Public Health or the equivalent.
Q: I have a warrant for my arrest,
what can I do?
A: If you are still eligible for the Alcohol
Diversion Program, 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 Court office, without
actually being arrested.
2. Contact the Clerk of the Court 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. Complete an Alcohol Diversion class and
upon receipt of completion, the District Attorney’s Office will file a motion to
quash the warrant and dismiss your case.
NOTICE: At any point when the warrant is
active you may be arrested.
Q: How do I get my bond back?
A: The bond is released upon 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 the Alcohol Diversion
Program?
A: No, the Alcohol Diversion Program is
offered only for 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.
The Alcohol Diversion class is a Level I class, which would be redundant.
Q: Where do I send my completion?
A: You can send your completion to: Boulder
County District Attorney’s Office, Attn: Alcohol Diversion Coordinator, P.O. Box
471, Boulder, CO 80306. You can fax your completion to: 303-441-4703.
Q: This is my second offense. Will
my driver's license be revoked?
A: Not usually. If you completed diversion
for your first offense, on your second offense you will receive a 9 month
deferred sentence. If you do not commit any new crimes during the 9 month
deferred sentence, and you complete all of the requirements of your sentence,
your case will be dismissed and will not register as a conviction. If the
deferred sentence is revoked, the DMV may 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. You must attend court unless you have
received notice from the court stating otherwise.
Magistrate Cole
P.O. Box 4249
Boulder, CO 80306
Fax: 303-441-1695
Q: Who can I contact if I have
further questions?
A: You can contact the Alcohol Diversion
Coordinator at 303-441-4873.
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