Some DWIs offered pretrial diversion

• By JOE GYAN JR.
• Advocate staff writer
• Published: Jun 3, 2009 - Page: 1B

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East Baton Rouge Parish District Attorney Hillar Moore said Tuesday he hopes his new pretrial diversion program for first-time DWI offenders will cut the drunken-driving recidivism rate and “save lives and careers.’’

Moore, who noted that about 700 DWI cases are referred to the District Attorney’s Office every year, said about 100 pending cases are eligible for the new pretrial intervention program for first-offense DWI or underage DUI offenders.

If someone who successfully completes the program is later again arrested for drunken driving, the second arrest would be charged as a first-offense DWI, the district attorney said, but a judge would know about the first arrest.

At this time, there are no participants in the program, which began this week.

Among other things, program participants must:

• Complete at least six weeks of counseling at O’Brien House, a drug and alcohol treatment center.
• Attend a Mothers Against Drunk Driving victim-impact panel.
• Use a vehicle ignition interlock device for at least the first six months of the program. Drivers must blow into the device to start the vehicle. If alcohol is detected, the vehicle will not start.
• Perform 32 hours of community service.

“It is stringent. You’re doing a ton more than the regular DWI offender who pleads guilty,’’ Moore said. “I don’t want people to think they can get a DWI arrest and just get away with it.’’

Donna Tate, state executive director of MADD, said the organization is not publicly opposing the program because Moore did make some concessions, including the mandatory interlock device.

“We do not support pretrial diversion programs, because they circumvent the conviction,’’ she said, adding that former District Attorney Doug Moreau did not use pretrial diversion for first-offense DWIs.

“A third of all drunk drivers will repeat,’’ Tate said.

Moore pledged to discontinue the program if it is not successful.

“We appreciate that perspective,’’ Tate said.

Moore said it will take about a year for a participant to complete the program.