From Dismissal to Disaster: Blowing a Diversionary Program in Connecticut

court-1-300x225Why Diversionary Programs Matter

Connecticut’s diversionary programs — Accelerated Rehabilitation (AR), the Impaired Driving Intervention Program (IDIP), and the Family Violence Education Program (FVEP) — are second chances. Finish the program, and your case disappears — like it never happened.

But if you fail to follow the rules, you can “blow” the program. Once that happens, your case is brought back on the docket, and you face prosecution on the original charges as if the program never existed. Judges and prosecutors take these violations very seriously.


Accelerated Rehabilitation (AR) Program

The Accelerated Rehabilitation Program (AR) is the most widely used diversionary program in Connecticut. It’s designed for many misdemeanors, for Class D felonies if the judge finds the charge is “not so serious,” and even for some Class C felonies if the judge finds both that the offense is “not so serious” and that “good cause” exists.

Typical AR Requirements

  • Mental health evaluation and treatment

  • Substance abuse counseling (if ordered)

  • Community service hours

  • Restitution to the victim

  • No new arrests during the program period

Common Ways People Violate AR

  • Failing to finish community service before the termination date

  • Ignoring restitution payments or missing deadlines

  • Not following through with treatment or evaluation recommendations

  • Picking up a new arrest while enrolled

  • Assuming the case closes automatically without proof of compliance

What Happens If You Blow AR

If AR is terminated:

  • Your case comes back on the docket

  • You face the original charges again

  • You cannot reapply for AR in that same case

At this stage, it’s critical to hire a lawyer. A skilled defense attorney can sometimes convince the judge to reinstate you into AR and give you a second chance — but there’s a catch. By law, AR can only run for a maximum of two years. If you were given a two-year program and failed to complete anything, chances are you’ve run out of time, and reinstatement won’t be possible.


Impaired Driving Intervention Program (IDIP)

The IDIP is Connecticut’s diversionary program for DUI charges. If completed, the DUI charge is dismissed.

Typical IDIP Requirements

  • Evaluation by the Bail Commissioner’s Office

  • Enrollment in 14 alcohol education classes (the standard requirement for most clients)

  • In some cases, placement in an intensive outpatient program (IOP) if the evaluation shows a higher risk

  • Attendance at a Mothers Against Drunk Driving (MADD) Victim Impact Panel — this is usually required, but it depends on the judge. Most judges will order it, but a few do not.

  • Staying arrest-free during the program period

👉 When you check in with the Bail Commissioner after your court hearing, you’ll receive a complete list of the exact requirements in your case. It’s your responsibility to follow that list and provide proof of completion on time.

Common Ways People Violate IDIP

  • Not following up with the Bail Commissioner after being granted the program, so enrollment never happens

  • Skipping or failing to complete the 14 alcohol education classes

  • Missing the Victim Impact Panel (if required by the judge)

  • Failing to submit proof of completing the panel — unlike classes, this does not automatically get reported; you must bring the certificate to the Bail Commissioner

What Happens If You Blow IDIP

If IDIP is revoked:

  • Your DUI case is prosecuted in full

  • You face the complete range of DUI penalties, including possible jail, fines, and license suspension

  • You cannot reapply for IDIP in the same case


Family Violence Education Program (FVEP)

The FVEP is for certain domestic violence charges. If you complete the program, your case is dismissed.

Typical FVEP Requirements

  • Enrollment in nine weekly family violence education classes

  • Compliance with any added conditions, like counseling or evaluations

  • No new arrests during the program period

Common Ways People Violate FVEP

  • Failing to follow up with Family Relations to enroll — sometimes paperwork gets crossed, but it’s your responsibility to confirm enrollment

  • Waiting until the end of the program period without starting classes

  • Missing classes — if you miss two, you’re terminated

  • Being late — if you arrive late, the doors are locked, and it counts as an absence

  • Being disruptive — program administrators can eject you for bad behavior

  • Not providing proof of compliance for court-ordered counseling or treatment

What Happens If You Blow FVEP

If FVEP is terminated:

  • Your domestic violence case comes back on the docket

  • You cannot reapply for FVEP in the same case

  • Judges are particularly strict if a new domestic violence arrest occurs while you’re enrolled


Why Having a Lawyer Matters

Being accused of violating a diversionary program doesn’t always mean the end. Judges sometimes give people another chance if the violation was minor — but only if you present a strong plan to fix the problem.

I’ve helped many clients in Stamford, Norwalk, Greenwich, and Bridgeport save their diversionary programs and protect their records. The key is fast action, documentation, and an experienced advocate in your corner.


Frequently Asked Questions

1. What happens if I miss one IDIP or FVEP class?
Missing one class is usually permissible if you make it up quickly and provide proof of attendance. However, if you miss two classes, the rules are strict — you’ll be terminated from the program. Being late can also count as an absence since many programs lock the doors once class begins.

2. Can a single failed alcohol or drug test end my program?
Yes, one failed screen can terminate a diversionary program. However, a lawyer may be able to argue for another chance if you immediately enroll in treatment or counseling. Judges are more likely to allow reinstatement if you show responsibility and a clear plan to address the problem.

3. If AR is revoked, can I reapply right away?
No, you cannot reapply for AR in the same case once it’s revoked. The program is gone, and your case comes back onto the trial list for prosecution. At that point, your lawyer must focus on defending the charges or negotiating another resolution.

4. Can I ever use AR a second time?
Yes, but only after a 10-year gap between cases, and even then, judges are reluctant to grant it again. The law makes it harder to qualify for AR a second time because it’s supposed to be an actual “one-time” program. A well-prepared mitigation package, often prepared by a defense lawyer, is often necessary to convince the court.

5. Are Class C or Class D felonies eligible for AR?
Yes, in limited circumstances. Class D felonies may qualify if the judge finds the charge is “not so serious,” while Class C felonies require both that finding and “good cause.” These are tough calls, and a lawyer must present a strong case for eligibility.

6. What if I never got enrolled in my program after the judge granted it?
This happens more often than people realize, especially with FVEP where Family Relations paperwork can get crossed. If you show up months later without having started, the judge may terminate your program immediately. A lawyer can often intervene, explain the situation, and try to get you re-enrolled before time runs out.

7. Does blowing IDIP mean I’m automatically convicted of DUI?
Not automatically, but your DUI case will be prosecuted like any other. That means you are now exposed to the full penalties, including possible jail, license suspension, and heavy fines. A lawyer may still be able to fight the case or negotiate a plea bargain.

8. Do I need a lawyer for a violation hearing?
Yes, having a lawyer is critical at this stage. A defense attorney can present proof of compliance, propose solutions, and negotiate with the prosecutor. Judges are much more likely to give you a second chance if your lawyer shows you’re serious about fixing the problem.


Protect Your Second Chance

If you’ve been accused of blowing a diversionary program, don’t wait until it’s too late. Every day you delay makes it harder to fix the problem and save your clean record.

Take action now — put an experienced defense lawyer in your corner. Call me today at (203) 357-5555 or reach out through my Contact Page to get immediate help.

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