May 25, 2011 - May 25, 2012 may my DIVERT rest in peace....
Today I am officially off the DIVERT program, GOD rest its soul. While I am euphoric about the year that has gone by and the frustrating moments that I have had on this program. I am angry at the possibility of never having justice on this sensitive issue that plagues the Harris county court system. When I started DIVERT I wanted to know everything that would happen to me, unfortunately there is not alot out there. I found a couple of blogs but it seemed that the person typing away in the beginning only held on for a couple of months then faded away.....hence the reason for my blog. Last year I didn't have any views on this blog, it was a ghost town....crickets.....you get it. But I continued to write on everything and anything I experienced, from the assholes at the id distribution (probation office), to the DA making my life miserable for taking a trip with my family. I had so many tearful moment of "I cant do this!!"....now being finished I think I will continue to pursue the illegal aspects of this program...the unconstitutional side of this twisted brain child of the DA office. Someone has to say something, because when you are in the position of having your life in the hands of a person who knows nothing about you and wants to label a first time offender as a criminal/alcoholic, your scared shit less and do not want to say anything at all.....my fears were justified during my orientation. The jail time incurred at my time of arrest was a sufficient "holy f!!" it made me never want to drink and drive ever again. The rest of the program just pissed me off.....if my employer actually ever found out there would be a job loss or other consequences....etc. I will stop ranting for now and just say I am glad its over....but I am not silent just because I am finished with DIVERT. I think people should be aware of what this program really is and how their rights are being stifled.
Good luck to those who have started the program and please email me or comment with questions you might have, also let me know if something new comes up that I have not experienced. I will post it for others.
Cheers ;-)
Good luck to those who have started the program and please email me or comment with questions you might have, also let me know if something new comes up that I have not experienced. I will post it for others.
Cheers ;-)
Hello, I have a question if you don't mind. How much would you say did the program cost you ? I am newly dwi as well and I may be offered the divert.
ReplyDeleteHi, it might vary depending on classes you go to or counseling that they might force you to attend but the probation period for me was $980.00, you can pay this over the year period. The interlock 79.00 a month and it cost 16.00 per calibration. Installation cost varies, your UA cost is 12$ each time. If you get an attorney he/she could cost up to 5,000.00, hopefully you will keep your license but if you don't and have to get an occupational, that will cost around $180.00. If you are sure you can not get off the charges through a jury trial then def try to get on divert because the charges for regular probation are expensive.
DeleteLet me know if you have any other questions.
Yes, thank you I have a few more. :) I have been reading so much on this program and its scaring me. Mainy because the cost and time needed for it. More the cost though. Like did you have to go op and inpatient rehab? etc. I'm really really nervous
ReplyDeleteIt is definitly scary at the beginning because of what you dont know. I totally understand...I cried my eyes out the first month I had my interlock, I didnt think I could handle it....but eventually you get used to all the bullshit and just get angry. It goes quickly, but its a pain in the ass.
ReplyDeleteI only had to attend one DIVERT drug and alcohol class that was 9 hours on a saturday. You are the third person I have heard from that has to go to OP counseling. I think its total bullshit and all they are doing it for is to get more money. If you can do well on your DIVERT interview, which means TELL THEM NOTHING. If they ask you what you did that night say you dont remember. TRUST ME!!
The scale test they give you tries to trick you, the questioins are confusing and give you yes/no repsonses to things that could be a maybe. I'm not sure if you;ve done your interview yet, so just be aware that they are not there to help you....eveything you say can be used against you.
Ok, yea I haven't done the interview yet. Yea Ive been hearing about the op rehab. Did you have to do it? Or is there a chance you don't have to based on your answers?
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteI didnt have to do OP anything, thank GOD. Based on your interview and test is what they rely on..soley!! My blood test was a .25 and I only got on a scale of 1. So that just shows you that my interview and test must have been good because I was OVER DOUBLE the legal limit. Not good.
ReplyDeleteRead my first blog post, it tells all about the intial interview etc.
I hope it all goes well and you get finished soon. I will post all my expenses etc so you know what you might be in for.
***deleted for editing** :)
Thanks this has been very helpful :)
ReplyDeleteWhen doing the just say you haven't spoken with your lawyer if you do not want to say you don't remember
ReplyDeleteInterview *
ReplyDeleteAre you asking me if that would be ok? I'm sure if you tell them anything other than "I boozed from 12am until 10pm" you will be ok. But yes using the "I haven't spoken to my lawyer" can work as well. Just be cautious of what details you give ;-)
ReplyDeleteSorry let me clarify ... the officer interviewing me was adamant on having me answer questions about how much I usually drink and party and such. Which I replied "not very often". She seemed nice and was talking to me like we were friends but I soon realized this was just so I could relax and be more open to answer her questions. She asked me te recount the events of the night I was arrested for Dwi... I was almost going to tell her everything but thought against it seeing as how she already had the police report in front of her... any info she needed was in the police report. This was just an attempt to get me to confess to me driving while intoxicated ...to make their job a whole lot easier. In the end I simply told her I didn't feel comfortable recounting the story since I hadn't spoken with my lawyer.
ReplyDeleteYou are exactly right, I had the same thing happen. They basically want a confession in case you decide you want to go to trial and not divert. It also affects how you are rated....AA classes etc. You did the right thing.
ReplyDeleteDid you have a pee test every time you saw your PO? Also why ever happened with your hair follicle test?
ReplyDeleteHi,
ReplyDeleteNo, I didnt have to take a UA everytime. She would either make me take a breathalyzer or do a UA (mostly was every other meeting for UA). Also, the breathalyzer was done in her office and took about 3 seconds, the UA took forever waiting on someone to call you in.
Any other questions, feel free to ask :)
Do they UA at the Salce questioning?
ReplyDeleteYes, you do a UA on that first day when you do the test and make your payment.
ReplyDeleteThank you! I'm hoping to get in!
ReplyDeleteHow long after your court date that you request divert do you get the salce questioning?
ReplyDeleteI think it was 2 weeks, it didn't take long to do the test and get on the program. I wouldnt risk doing anything illegal before the test :/
ReplyDeleteThank you so much for your hints and help! I'm going to court soon to request to get in. I've already learned my lesson. I will never drive again even if I just had a sip!
ReplyDeleteI hear you!!!! And don't worry, it really does go fast. Good luck, and if you have any other questions feel free to ask :)
DeleteCheers x
How did you keep your license? My ALR is 10/31 I'm hoping to hang on to it! Thanks for your previous help I'm still waiting for SALCE.
ReplyDeleteHi..I actually got lucky and had a good attorney. The officer did not show up, I believe due to a confusion in paperwork. But the attorney I used had a good record of getting people to keep their license. Hopefully you keep yours, they put you through enough!!!
ReplyDeleteHope your test went well....fingers crossed!!!!
Cheers x
I asked for a telephonic instead of in person I did the request online myself before I hired my attorney. I wonder if I can beat that. The idea of losing my good allstate insurance to have to get an sr22 insurance and the cost of an occupational license sucks. I almost want to try to go out with a license for 3 months just so I don't lose my good insurance. :( decisions decisions I should get notification of Salce soon I am in the two week window now. Thanks for everything. I'll let you know. I'm so glad you got lucky.
ReplyDeleteIf you paid an attorney make him/her answer your questions!! Make sure your getting the correct info. If you need a good one to talk to call Mark Theissan, he kept my license and gave me good advice...I don't get any kickbacks or anything I'm just here to help. Here's his number: (832) 654-3058
ReplyDeleteHope it works out!!!!
Cheers x
Thank you so much for all your help and this blog. I was so scared and worried till I found this. God bless you for doing this.
ReplyDeleteTrust me I've been right where you are, you will get through it....that's the whole reason for the blog :)
ReplyDeleteBlessings to you!
Cheers x
I have a question for anybody that has finished this awful program or is in DIVERT... In June of this year, I had a failed test on my breathalyzer. I had also been having problems with the machine (it would frequently just die thus I would not be able to start my car, among other things). I got the interlock company to acknowledge that the wiring was bad and apparently the hand-set set a trouble code, so they replaced it on the spot and noted "H.S. Error" on the receipt. I figure if the instance in June would have got me kicked out of the program, it would have happened by now. It is now mid-October, about 3.5 months later. I have not received anything from the courts or my PO. In fact I have been on mail-in check-in for the past two months so I see her in about a week (haven't spoke to her for over 2 months). Do you think I am okay, or do you think the court will see this and send me to jail on the day I go back to court for the dismissal?
ReplyDeleteHi...what a pain!! No, if you were in violation they would have kicked you out by now. Also you prob won't even have to go to court. You will just get an email from the DA's office letting you know that the judge is dismissing your DWI etc. Your almost done!!! Yeay!!!!
ReplyDeleteHey Lifelesson1 - thanx for the response! I have been stressing over this for a while now. I have another question for anybody again ;-)
ReplyDeleteMy attorney advised me not to ask for an early release as he said that may raise some suspicion if I don't have a damned good reason for asking, or that I will come across as unappreciative. However, I am scheduled to be finished this mid-December. It is now mid-October, and for August and September I was on mail-in. Has anybody ever been released early? I have long been finished with my stuff and paid in full, and I would like to be able to move back to Cali and start a new life.
Yes, I am almost done... Even though I have no more savings account, and Harris county has my balls in a vice-grip, I am glad that this will not be on my record as a conviction... I guess if i was going to drink and drive, i was in the right place at the right time ;-) Thanks for reading - finding this blog (?) is like counseling to me. I have not been able to ask anybody questions about DIVERT because there are so few that have gone through it...
I guess i do have one more question: has anybody here ever been given at ETG test while on DIVERT? I got a one (1) on my SALCE and my PO has pee tested me only about every other 3rd visit - she is pretty cool for a PO. I don't do drugs, but i did have a couple drinks at a b-day party on Friday... with all the stuff that has happened with the Harris County drug testing department, I am not sure I will be tested at all since the DA put a moratorium on urine testing... I am not that worried, i don't think that suddenly my PO will give me some other type of test, but just wondering....
Hi! Yes you are almost there. Just be patient. Unfortunately your chances of early release are extremely thin. Their thinking will be if we do it for one person others will ask. So basically no, you will have to deal with the next couple of months :(
ReplyDeleteI had an ETG once but it was due to international travel, so you are safe...also a couple of drinks won't show up, they are only good for a day or two. Stay positive and the time will fly. Life lessons suck, and trust me I've been exactly where you are. Wrong place, wrong time. I'm glad you found the blog and its helped somewhat. Don't get discouraged, just think how happy you will be when it's over and your new life begins. Don't hesitate to ask any questions at all...that's why it's here. Good luck and only 2 more months!!!! :)
Cheers x
Ok, so one more questions then :-) This question may beget some judgment, but oh well... Regarding the ETG... they gave it to you only because you traveled? Did they let you know ahead of time? I read that they do let people know about the test ahead of time because there are so many things that can interfere that are not included in the DIVERT contract. I ask because my father is coming in for a visit and there will be a few times where i would like to sit down and have a cold beer with him. I can abstain - i have done it for many months at a time. I know this could be considered "criminal thinking" by many, but I don't see a problem with have a 'cold one" in my own home with my dad if I am not causing a problem... UNLESS there are surprise ETG tests, which it sounds like there are not (i have not had an ETG as far as I know). I will not jeopardize this, but i just think that the ETG is too expensive (requiring more than the standard pee-dipstick test) and too much trouble for a random test for somebody who is on the lowest supervision level. Thoughts? Am I paranoid? It's amazing how guilty I feel at the thought of having a beer in my own home...
ReplyDeleteYes you are paranoid. But I was too...we all are. That is the purpose of the program. Let's think of it another way, DIVERT is supposed to be a program to rehabilite drunks basically. And from what I've read and seen so far, most the people on here are neither drunks or criminal minds. They were in the wrong place at the wrong time. Yes, I know, we should not drink and drive...I get it. Its been hammered into my head. But if it were me, and it was, I would have a cold beer with my father, friend, cousin, whoever. Because they will not give you a surprise ETG unless you are a complete screw up in the program. If you have complied with all of your visits and havent had any violations you are pretty much in the clear. Also, just dont drink a day before your PO visit. It cost them money and time to do the ETG so they would rather not bother. Not a dumb question at all, and paranoia is normal in this program. ;-)
ReplyDeleteCheers x
Hi, I've been reading your blog! Thank you so much! Im a 41 yr old mother of two. I just had my Divert interview Monday, the 15th. My lawyer said we wouldn't know if I was accepted until my next court date which is the 29th. Scared to death! Did it take you two weeks to find out also? Thanks in advance...
ReplyDeleteHi, I am also a mother of two and was so afraid of the outcome. It did take awhile, probably about 1-2 weeks. Just try and be positive and just think it will be over eventually. It really does go quickly. I'm very sorry you are having to deal with this and if there is any questions you might have, no matter how minute please do not hesitate to ask. I wish you a ton of luck...blessings.
ReplyDeleteCheers x
Wow great advise thank you LifeLesson1!! Just got my first DWI this week and my mind is wondering everywhere with questions. Just curious, I still don't have a lawyer and have a court setting this Monday. Should I have a lawyer by then? I am still undecided on what to do whether I should look to the Divert program. What would the alternative be? Any chance anyone has not gotten the interlock devise installed? If you apply for an occupational license do you know if the interlock device would be installed? Sorry for all the questions but I am just paranoid. In my job I do travel in town and sometimes will have clients with me, would be totally embarrassed or could even lose business if they see this device...
ReplyDeleteHi, sorry you are dealing with this. I know there are a ton of questions, I had the same problem ;/
ReplyDeleteI do not think you need a lawyer, you should probably get one...my brother is an attorney and did mine. I have a couple if you need names etc. BUT they will probably just reset your case if they dont have your blood alcohol etc. The option for not doing DIVERT is probation or trial by jury. You need a strong case for jury and its expensive because you will need an attorney. Probation is basically the same as DIVERT but it stays on your record and you have to pay legislative fees which cost a couple thousand over 2 years. The interlock will be installed regardless if you do DIVERT or not. Im surprised they havent given you a device yet. What I would do is if possible register a different car than your work vehicle and put the device in it. You will have to blow in the device to start the car and then do a rolling test while driving (blow again), so yes if you have clients there it will be extremely awkward. Occupation license or not, you will have a device.
My strong suggestion is to get an attorney and ask every single question/option you can think of.
I hope that helps.
Cheers x
Thanks for the info. Please can you shoot over some contacts? I am lost, feel free to email me at h0p999@aol.com
ReplyDeleteThanks
Sent referral to your email. :)
ReplyDeleteCheers x
Thanks for the info!! Do you know if your auto insurance will still catch the Dwi on your driving record if your on the divert program? Did your premiums increase? How long did it take before they found the Dwi if they did? Thanks again for this great bloc.
ReplyDeleteSorry just returned from holiday.
ReplyDeleteYour insurance will go up if you have to get an occupational. But it will not affect your insurance otherwise.
Cheers x
I had to get an occupational for 3 months. In the state of Texas, you will need an SR-22 for an occupational, but you do not have to get it through your regular insurance company. I got my SR-22 through Moon Insurance (I think that was the name), and it was for 3 months only. After the third month, i let it expire and that was that. It is perfectly acceptable according to Texas law to do it that way. If you go that route, your insurance will no go up because while on DIVERT you have not been charged with anything, so as your insurance company renews your policy, no guilty finding or DWI will pop up because technically it does not yet exist. I have AAA insurance and they only take low-risk drivers. I have been on DIVERT for about 11 months. If AAA found out about this "pending" DWI, they would have booted me by now, but it's not a DWI yet, just a court date reset for a year in the future. Just go through another insurance company for your SR-22 and your rates should not increase, as long as you don't screw up in DIVERT and get kicked out.
ReplyDeleteFour months passed between the time I was arrested and the time that I was formally placed into DIVERT, during which time I did not have to have an interlock. I would strongly suggest that you get an attorney though, even though the 5K - 8K may seem like a lot. I was under the impression that without an attorney, people could not get into DIVERT. I chose EZ Interlock for the breathalyzer in my car... they all suck, but EZ interlock's prices are cheaper: a flat $59 per month, and you don't have to deal with mailing anything - they are located in central Houston and they are actually pretty cool for the job and type of people they have to put up with daily. In fact, the manager there will tell you, after they install the device, that you need to allow 2 hours per drink for the alcohol to clear your system to be safe before blowing into the device.
Don't screw up in DIVERT - this is a once-in-a-lifetime opportunity that will not be offered much longer. Nothing on your record, no "Driver Responsibility" fees, no insurance increases... But with the Drug Testing Department going through the turmoil that it has undergone in the past 2 months, the department of corrections and community supervision has already gotten much tighter... I have had a few lucky breaks this past near-year on DIVERT, but i would suggest that you take no chances whatsoever. Even if you are sure you won't get caught, it's just not worth the stress.
Good Luck!
52 days left.
Awesome info!! And congrats on only 52 days left!!! Yeay!! Seriously thank you for sharing, priceless for those who don't know what to expect :-)
ReplyDeleteCheers x
Yay I won the ALR hearing today. I paid for the Occ. license last and the judge granted it. I wanted it in place in case I lost today I expected to. HAHA HPD messed up they didn't submit evidence of my breath results. I get to keep my driving privleges. And yay my good Allstate insurance too. I have learned my lesson so I will never drink and drive again. My divert questioning is scheduled for early December. I can't wait to get in the program and get through it! Thanks again Lifelesson1 for all your help!
ReplyDeleteThat's so great!!! I remember that feeling, I was so happy to read that letter from my lawyer! :)
DeleteVery happy for you. Good luck on getting into the program and finishing!
If you have any questions or something happens that you havent seen here,let us all know! ;-)
Cheers x
All,
ReplyDeleteI can add a few things here which were in my experience:
- I had to get a UA every time I visited my PO. I never did the breathalyzer with my PO.
- They did a UA and a breathalyzer at my Salce hearing.
- It took 5-6 weeks between when I asked the court for Divert and my Salce hearing.
- I am almost 6 months in, and no ETG yet. But I have had no international travel.
- Drinks are OK. Two things to worry about:
(1) I wouldn't drink the day before a PO visit.
(2) My ignition interlock people told me take 2 hours for every drink before you use the interlock. I used this rule and added 2 hours at the end, and have passed all my interlocks so far. (I love how the ignition interlock people know you are going to violate your agreement!)
- To the person who wants to go back to California, do you have a solid job offer that forwards your career? If you do, you may want to try to have your lawyer go to the judge to try to get an early release. I am not saying it will work, but this sounds like at least a reasonable explanation. Maybe they will allow a travel permit that lasts 2-3 months to allow you to go to the new job.
- I don't drive clients often, but it is possible. I have had to do some serious verbal juggling with co-workers to get them to drive to avoid the couple of situations that have almost cropped up.
- My lawyer also suggested that I get my SR-22 insurance for my occupational license from someone other than my main insurer. So that's what I did.
I hope this helps.
B
I am going back to Cali, and my house is on the market, but I have no job yet. I talked to my attorney about asking my PO about getting out of Divert Early. He advised me not to, saying that I would look unappreciative for this special program, and/or it would raise suspicion. Since I am almost done, I said screw it - why bother. I see my PO for the last time this month!!! I am really hoping that she will give me the paperwork to have this alien (the breathalyzer) removed from my car... I will post when i know more!
ReplyDelete:-)
Yes you are almost there!!! Just wait it out and you will be done in no time. I'm jealous about your move! Good luck!! :-)
ReplyDeleteCheers x
Uh oh Mike Anderson won Pat Lyko's DA seat so Divert will end when he takes office. Glad my questioning is the first week of December and if I pass I get in Dec 14th.
ReplyDeleteToday was my last meeting with my PO (or DIVERT officer if ya wanna be fancy ;-) I was kinda freakin out because i had a few really tasty alcoholic beverages on Saturday, and all that talk on the net about the ETG had me worried... but for no reason.
ReplyDeleteAnyways, I went in, she gave me the paperwork to remove the piece of garbage monitor in my car (not until my court date of course), and that was pretty much all. No UA, just some small talk and casual laughs and I was on my merry fucking way!!! Apparently in the court that I am assigned to, I actually have to appear for the dismissal... is there anything they might do at this point to totally fuck my world over???
Wait, there is that paranoia again... but is there? Like i go to court and the judge laughs and literally throws a book at me or something??? Just kidding... I mean, when i go to court for the dismissal, they will actually dismiss it right? Not come up with some other BS and say I have to do extra time? I thought i would feel better after today's last PO meeting, but now I am worried about the court date... what a drag! I will be so happy when this is all over... one month...
Hi, great post!! I feel your paranoia...I was the exact same way. They prob will just sign a paper and tell you it's dismissed. I actually wanted to to to court to get something, anything after the year of hell they put me through but didn't happen. You will be advised that you have to go two years without being arrested in order to apply for it to be expunged from your record but technically it's dismissed! Congrats for living through the b.s. :-) Have a tasty beverage on me ;-)
ReplyDeleteCheers x
As I have done in a couple of other threads, I have to correct my Nov. 4 entry. Although I never got a "surprise" UA, I have received two "planned" UA's, one after a trade show in a popular location, and a second that is due after I get back from Xmas with my parents in another state. I had to go within one day after coming back from the out-of-state travel. But my officer told me about these UA's while she was giving me the travel authorizations, so as to warn me not to make a mistake while I was away.
ReplyDeleteB
Hi! I got into divert program on October. I had my first PO appointment and everything went well. I've an in-home breathelizer, so far I've missed 2 test window period for each month. My PO told me that 2/3 missed test should be fine BUT I'm paranoid now because on Christmas day, I had a VIOL warning on the machine. I feel like I've let myself down again. I don't know what my PO is going to tell me on my next visit which is January. I'm praying hard hoping God will do some kinda miracle to stay on the program.
ReplyDeletePlease let us know what happens. I just blew a "VIOL" on my car unit saturday and have been trying to contact my PO to see if I will be kicked out of the program also?
DeleteSo it has been almost 2 yrs since my old deal happened. I finished the program sucessfully, the DIVERT program totally changed my life. I learned major lessons in my life to never get DWI again, this blog def. reminds me of my worst time in my life. Mistakes in our life are made to be learned!! Good luck to everyone who is going though it at the moment, it shall all pass.....
DeleteI hear that Mike Anderson will end DIVERT. I have my SALCE on Jan 31 but not certain what will happen thereafter. Does anyone know what might happen to me on my Feb. 13th court date if there is no DIVERT for me to access? I'm very worried.
ReplyDeleteHi! Im on the divert and have 6 mos left. Well, I got my first warning on the in home breathalyzer after having a few drinks the night before and am scared as heck wht could happen. Do u thnk I could gt kicked off of the divert for a 'warning' reading on the breathalyzer? have done very well while on this probation and just have a few mos left so im worried as hell of being kicked out.
ReplyDeleteDid you find yet? I just blew a "VIOL" on my car unit this past saturday and I can't get a hold of my PO to find out if I will be kicked out of the program.
DeleteHi. I went to court for a DWI and was offered Defered Adjudication and the DIVERT program. I accepted. Does this mean I am in, or do I have to do interviews and wait until I get accepted? I have a "DIVERT Assessment Fee Form" and must show up at 49 San Jacinto on Jan 23. Is this an interview and have I not yet been accepted? What kind of things affect the interview to kill the acceptance? My next court date is Feb 6. Thanks
ReplyDeleteYou have to take a test and interview. You will then find out if you accepted at your court date Feb 6th.
ReplyDeleteDuring the interview just say you only drink occassionally. Like 1 drink at a wedding reception etc. Don't admit to binge drinking and say you don't feel comfortable recalling the events of the night of your arrest without the presence of your attorney.
ReplyDeleteDon't know if anyone is still out there but I have a question.
ReplyDeleteI blew a "VIOL" in my smart start on saturday due to some cold medicine I took. I have contacted the smart start company and my PO. Has anyone received a violation in the DIVERT program and was not kicked out? I am dying to know what is going to happen to me but my PO won't return my calls.
Hi,
ReplyDeleteFirst, they wont know about your violation until you submit your recalibration...I believe. If you explain to your PO that you took cough medicine etc they will possibly just give you more time on your interlock. I seriously doubt you will get kicked out of the program. I have heard of many people violating and just either getting more time on their interlock or more community service.
Cheers x
I called my PO and left a message on her office machine saturday right after it happened just to be up front with her. Then I called smart start and they were able to pull up the "VIOL" on the computer. I am hoping all I get is more time because I just started this dreadful program and I would hate to get kicked out after only one month in.
ReplyDeleteHi,
ReplyDeleteI'm in my 5th month of the program. Yesterday morning my smart start gave me a warn. I hadn't been drinking and did not drink the previous night. I,m not sure what to do. Am I screwed?
Thanks
Yes. Be prepared to be picked up at work and do 180 days in county.
DeleteHi,
ReplyDeleteI went into my PO meeting last week and had celebrated V-day with my girlfriend the night before. We had some wine and got a little tipsy, but nothing major. I am 7 months in my probation and have never had any violations on my interlock, completed all CS, classes and fines and passed two UA's. I went in that morning and they were giving UA's to everyone. I had no problems with my interlock and and didnt have to take my test until 3:30, but I'm going nuts about this ETG thing. Is the ETG used always, or only in certain conditions? It appears that the ETG is a much more formal UA than the general. Am I right here? Is there a difference between the UA that was taken in a "round up" and an ETG? Any thoughts?
Hi,
DeleteI think your safe, I do not think they use the ETG on all UA's. I believe they are testing for narcotics and really just do it as a requirement of the DIVERT program. IF they did find anything you would prob get more time added to your sentence,longer interlock, and classes. I NEVER got caught and I know that I had taken a drink before..so Im crossing my fingers you will be ok. Oh also, if they find something you will know, they will be the first to tell you. So if a week passes and you dont hear anything, your ok.
Hope that helps.
Cheers x
Also, if you DO fail the test does anyone know how it's handled? Do they call you back in? Is a warrant issued for your arrest and the cops come? How soon do you know? Is the test done on campus and results come right away? et cetera.
ReplyDeleteHi,
DeleteNo, they will call you and let you know. I believe you will get a notice in the mail as well.
Again, I dont think you should worry.
Cheers x
So I'm finally on 6 months on Divert program. Done with all my requirements and did 3 UA's. I'm on monthly mail-in. My PO just authorized to remove my in home breatherizer. I'm so used to hear that machine beeping. I feel like 10,000 tones of weight have been lifted off my shoulders.
ReplyDeleteMay 2, 2012 - May 1, 2013 may my DIVERT rest in peace....
ReplyDeleteAs far as my last day, I did go to court, but my lawyer just had to sign a document saying the case was dismissed. I didn't have to sign anything.
One other thing. The person next to me was filling out forms similar to the DIVERT forms. It appears that the new DA is going to run some sort of deferred adjudication program very similar to DIVERT for first time offenders. This person was going to take the SALCE test in the next couple of weeks just like I had to. Good luck to all entering the new program.
B
Hi B,
DeleteCongrats on finishing the program with all of your sanity intact. :)
Yeah, I heard about the new DA and all of that, I think its basically the same program they are just calling it something else. Well, to those of you new to the this...good luck and be positive. It does end :)
Cheers x
Great site and info, appreciate the guidance. I just took the SALCE test this past Friday for the new pre trial diversion program. I belief the test is simular if not the same as the Divert SALCE. Guess I will not know until my next court date. Was just curious about the reference section of the application. Do they or will they actually call on the references and/or parents that we had to put down on the application?
ReplyDeleteHi, Im glad the blog is helpful. Thanks for reading :)
DeleteThey did not call anyone on my list. I believe if you try to skip on PO appointments etc or if they think your job might be sketchy then they call but I have not heard of anyone having that issue.
Anyone else on here have had reference calls?
Thanks and hope that helps.
Cheer x
I'm 5 months in and just blew a viol on my interlock. Any advice? I'm one month away from my next meeting and 15 days from my smart start appt. I'm freaking out a little. Will I get kicked out? Anyone info will be greatly appreciated.
ReplyDeleteGreat blog btw. Thanks all!
What ever happened? I have a similar situation.
DeleteThanks
Hi...I am also interested to know. From what I've heard through the program and others is they will either give you more time on your interlock or give you a warning. Hope it worked out ok.
DeleteCheers x
Yay 6 months into the divert progam. Got the interlock out of my car Friday. What a relief. Yay 90 days till my next PO appt. Thank heavens I learned my lesson.
ReplyDeleteGreat blog, appreciate you keeping up with and the advise you give. I have been on the new pre-trial program that they rolled out for a month now, seems it is very similar to Divert just a different name. Have had the interlock for a month now with Smart Start, so far so good no complaints with these guys. Will be meeting with my PO this week and was just curious on what to expect. I did score a 1 on my Salce and the requirements seem pretty minimal, fines/fees, 16hrs community service and a 9hr class. Any recommendations on community service? Do you know if we can get the hours done on the weekends? Also does look like I will be loosing my licence, any recommendations on where to get SR22?
ReplyDeleteFred Loya does a decent SR22 so does Farmers. I got lucky got to keep my license. I did community service on Saturdays at Armand Bayou Nature Center off Bay Area in Clear Lake. Good Luck.
ReplyDeleteHi there. I was wondering, when you went on your international trip and they did the hair follicle test, did they test you for alcohol?
ReplyDeleteI asked to go on a Business trip to Vegas and they hit me with both a Drug and Alcohol 10 panel hair follicle test to be done, two weeks after I get back from my Business trip. I really thought they would only ask to have a UA the day after I got back..so this is pretty serious as I know I will pass my Drug test, but I did have a few drinks a few months back...with zero tolerance, it has me worried.
ReplyDeleteHi, don't worry about the alcohol it won't show up. I had the same thing happen to me and I drank heavily at my brothers wedding months before my follicle test. Just don't drink at all before or use any drugs.
ReplyDeleteCheers x
I sure hope you are right..I am within 30 days of completing my Program and see the PO tomorrow. The reason I am even worried is they had to shave my legs to get enough hair for both the Drug and Alcohol tests..as my head hair was too short to use and from reading all the NET stuff...they say your body hair carries a year's worth of information...
ReplyDeleteUpdate: I passed the Drug test...knew I wouldn't have a problem with that...but it takes up to 5 business day's to do the Alcohol Hair Follicle eTG test, I will join you on this Blog after I complete to discuss all the Stress and Heartache and crappola I had to go thru for this....I'm 57 years old and never been arrested and this has been a hard year for me having to go thru this.
ReplyDeleteI've now had the breathalyzer on my vehicle for going on 18 months as my Court kept getting reset and my Attorney very quickly put me on this device to show the Judge we were serious about the offense. I just hate the treatment I've received as if I am a two bit criminal. Thanks for starting up the Blog.
Congrats on passing and not having any problems! I know how you feel, it was one of the hardest times I've ever had to go through...you will be so grateful when it's over, hang in there!
ReplyDeleteCheers x
Well...I haven't heard that I PASSED the Alcohol Hair Follicle yet....hopefully I find out tomorrow before I visit my PO. I knew I would pass the DRUG test.
ReplyDeleteOk the Count down is on...I passed my Alcohol Hair Follicle Test and my Drug Hair Follicle Test and visited my PO for the last time. Next stop is my Court date to have this dismissed and to receive the paperwork to get the Breathalyzer device un-installed. I have 36 days to go!
ReplyDeleteMy PO asked me what I learned about this whole experience. I told her definitely understood the gravity of drinking and driving and the seriousness of how you are truly gambling with your life and others in many different ways. Then she told me to go get a UA...letting me know, almost there, no violations. I was like...really? a UA after just getting my results on a Hair follicle test?? LIke whatever...so glad to be almost finished with this sh*t.
ReplyDeleteHi Lifelesson1, hope you are doing ok. First of all, I just want to thank you because your blog helped me a lot throughout the process. I finished divert more than a year ago and it's almost time to file papers for expungement. Did you get it expunged? I'll appreciate any info on that. Thanks a lot.
ReplyDeleteHi, congrats on your accomplishment!! I actually have not gone through the process yet and the reason why is because I honestly do not think it's worth the money...at least not for me. My current employer did not either see it when they conducted my background check or didn't care and I have a company car. So I don't know what the process is and what it entails. Please post back if you do and let us know how the process is conducted. Good luck!!
ReplyDeleteCheers x
Had drinks the night before in the morning while trying to leave a violation came out didn't retry waited about 3 hours and tried again and another violation came out. Haven't taken to service and under a month left. Will this revoke everything
ReplyDeleteThis program I guess is still going strong, got put on 2 months ago, failed my first test but apparently they expect you to fail, my question is if you fail again then what?
ReplyDelete