When a driver posts bond following a DUI or DWI arrest, the bond papers generally lists a few conditions of bond that must be followed pending the outcome of the case. The one condition that is always listed is NO Drinking and NO Drug use. Some courts require random UA testing of defendant while the case is pending. This poses a problem for those who choose not to stop drinking. A positive test could result in the revocation of the bond and the defendant taken into custody based on a violation of the bond. The bond condition can also affect one's application for diversion if the question of drinking arises during a "diversion conference" and the defendant admits to drinking while on bond. The diversion coordinator, who rules on the application for diversion, can add certain conditions to the diversion agreement if an admission to drinking is made by the defendant. This issue recently resulted in my client's diversion application being accepted but with the addition of the Weekend Intervention Program (WIP) being imposed as part of the diversion Agreement. The program is a 48-hour "in-house" addiction treatment counseling that costs approximately $400. It is often requested by defendants who are convicted of DUI and prefer the WIP program in lieu of the mandatory 48 hours jail for a first-time offender. Therefore, to avoid the WIP condition in the Diversion Agreement, you should read and comply with ALL conditions of the bond. Compliance is the key. It will allow your attorney more leverage during negotiations for diversion or alternative plea arrangements.
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