Diversion in Sedgwick County is an agreement with the District Attorney that pauses a criminal or traffic case while you complete a set of conditions. Finish them and the charge is dismissed. Fail and the case picks up where it stopped, usually on facts you already agreed to. The District Attorney publishes separate guidelines for DUI, drug possession, driving while suspended and ordinary traffic cases. Each has its own eligibility rules, fees and a short deadline to apply. This page puts them side by side.
Case Bail Bonds is at 705 N Broadway in Wichita. If someone has to be bonded out before they can apply, call (316) 900-1667.
On this page
- The 4 programs side by side
- DUI diversion
- Criminal drug diversion
- Driving while suspended or no insurance diversion
- Traffic diversion
- What every agreement has in common
- What happens to the bond during diversion?
- City courts have their own programs
- Frequently asked questions
- Call Case Bail Bonds
The 4 programs side by side
| Program | Length | Apply by | Fees to apply |
|---|---|---|---|
| DUI | 12 months | 30 days from the initial court date | $45 criminal history fee and $45 application fee |
| Criminal drug | Set in the agreement | 30 days from the first court setting | $45 criminal history fee and $45 application fee |
| Driving while suspended or no insurance | 12 months | 30 days from the initial court date | $45 application fee |
| Traffic | At least 6 months | On or before the court date on the ticket | $25 application fee, then $185 in costs and fees |
Every set of guidelines carries the same warning: diversion is a privilege and not a right. Meeting the rules makes you eligible. It does not guarantee an offer. A late application costs a $15 waiver request on the DUI, drug and suspended license programs.
DUI diversion
The DUI guidelines cover a charge under K.S.A. 8-1567. A test refusal with no prior DUI, minor in possession, minor in consumption and transporting an open container can qualify under similar rules, with a 10 month term for the last three.
What rules a person out:
- Any prior DUI conviction or diversion, even one that was expunged
- Personal injury or death
- A breath or blood alcohol level of .24 or higher
- A child under 14 in the vehicle
- A commercial driver’s license at the time
- A suspended or revoked license, except a first suspension that was only for failing to comply with a citation
- Outstanding warrants or pending felony cases elsewhere
- Certain prior felonies
A level of .20 to .23 creates a presumption against diversion unless there are strong mitigating circumstances.
What the agreement usually requires: staying on pretrial bond, no new violations, reporting to a coordinator, proof of liability insurance, payment of costs and fines, and alcohol or drug education or treatment.
Kansas law also allows only one DUI diversion in a lifetime. For the arrest side, see DUI bail bonds in Wichita.
Criminal drug diversion
This program is for a person charged in a single case with simple possession of a controlled substance.
Not eligible: anyone charged with manufacturing, cultivation, distribution or possession with intent to distribute. Also excluded are people with a prior felony for a violent or sex offense, a warrant or pending felony elsewhere, or a home outside Sedgwick County and its adjoining counties.
Process: the application and the criminal history fee go in first. Then comes an interview with a diversion coordinator, which your attorney may attend, and a drug and alcohol evaluation. The Diversion Committee makes a recommendation and the District Attorney decides.
See drug possession bail bonds in Wichita for how the charge levels work.
Driving while suspended or no insurance diversion
This program covers K.S.A. 8-262 and driving without insurance. All of these have to be true:
- No suspended license conviction, diversion or amendment in the past 5 years
- No commercial driver’s license
- No more than 4 traffic citations in the past 2 years and no more than 10 in a lifetime
- No conviction or diversion for a criminal or serious traffic offense in the past 3 years
- The suspension was only for failing to comply with a citation
- No injury accident, no school or construction zone violation and no speeding more than 20 over
During the 12 months you have to get your license reinstated, keep liability insurance with proof, pay the costs and complete a driver awareness or defensive driving course.
Traffic diversion
For an ordinary moving violation in District Court, you may qualify with no moving violations in the past six months and no DUI or serious offense in the past five years. The District Attorney lists 316-660-3638 as the number to check eligibility.
Not eligible: speeding more than 20 over, reckless driving, attempting to elude, driving while suspended, no insurance, school and construction zone violations, commercial drivers and injury accidents.
The application, a $25 fee and proof of insurance go to the Traffic Diversion Program, District Attorney’s Office, 525 N Main, Suite 235, Wichita, KS 67203. If approved, another $185 in court costs and diversion fee is due, and the case is continued for at least six months.
What every agreement has in common
| Term | What it means |
|---|---|
| Waiver of speedy trial and jury trial | You give up those rights for this case |
| Stipulation to the facts | You agree to the facts as charged |
| No new violations | Federal, state, city or county |
| Payment in full | Court costs, diversion costs, fees and fines |
| Dismissal with prejudice on completion | The case cannot be filed again |
| Termination on failure | After a hearing, the case resumes and is tried on the agreed facts |
That stipulation is the trade. If diversion fails, there is little left to argue at trial. Talk to a defense attorney before you sign.
What happens to the bond during diversion?
It stays in place. The DUI and drug guidelines both list remaining on pretrial release bond as a term of the agreement. For a family, that means three things:
- The bond conditions continue for the full term, which is 12 months on a DUI.
- The cosigner stays responsible that whole time. See bail bond cosigner responsibilities.
- A new arrest can end the diversion and put the bond at risk on the same day. See arrested again while on bond in Kansas.
When the diversion is completed and the case is dismissed, the bond ends. A premium paid to a bondsman is not refunded. Details are in what happens to bail money when charges are dropped.
City courts have their own programs
The District Attorney’s programs apply to cases in Sedgwick County District Court. A case in a city court follows that city’s rules. Two examples from city websites:
- Haysville Municipal Court says diversion may be available for first time DUI, theft, possession of a controlled substance or paraphernalia, battery including domestic violence, criminal damage to property and alcohol offenses.
- Park City Municipal Court says it offers traffic and criminal diversion programs.
For a Wichita city case, ask the city prosecutor’s office. Our Wichita Municipal Court bond guide explains which cases are city cases.
Frequently asked questions
Is diversion a conviction in Kansas?
No. A completed diversion ends in a dismissal. Be aware that a prior diversion still counts against you for some purposes, such as a later DUI.
How long do I have to apply for diversion in Sedgwick County?
For DUI, drug and suspended license cases, 30 days from the initial court date or first setting. For traffic diversion, by the court date on the ticket.
Can I get diversion with a prior record?
It depends on the program. Each one lists specific disqualifiers, and the District Attorney has the final say.
Do I need a lawyer to apply?
It is not required, but you are agreeing to the facts and giving up trial rights. Legal advice before signing is worth it.
Where is the District Attorney’s office?
525 N Main, Wichita, KS 67203, in the Sedgwick County Courthouse.
Call Case Bail Bonds
We are a family owned company run by Tyson and Rachel Case. Call (316) 900-1667 or visit 705 N Broadway, Wichita, KS 67214.
Sources
- Sedgwick County District Attorney, DUI diversion guidelines
- Sedgwick County District Attorney, criminal drug diversion guidelines
- Sedgwick County District Attorney, driving while suspended and no insurance diversion guidelines
- Sedgwick County District Attorney, traffic diversion guidelines
- City of Haysville, Municipal Court
Fees and rules change. Confirm them with the District Attorney’s office. This article is general information, not legal advice.
