Can You Get Diversion for DUI, Domestic Assault, or Drug Charges in Tennessee?

Diversion can allow some Tennessee defendants to avoid a permanent conviction, but eligibility depends on the exact charge and the person’s record. DUI is excluded from both pretrial and judicial diversion under Tennessee law. Domestic assault is excluded from pretrial diversion, although judicial diversion may remain possible for a qualified defendant. Some misdemeanor and lower-level felony drug charges may also qualify within statutory limits.

The Law Office of Bryan Stephenson helps clients understand that “diversion” can describe more than one process. Pretrial diversion suspends prosecution by agreement with the district attorney. Judicial diversion generally follows a guilty or no-contest plea, but the court does not enter a judgment of conviction while the person completes probation. Successful completion may lead to dismissal and possible expungement.

How the Two Forms of Diversion Differ

Pretrial diversion is limited to qualified defendants charged with eligible misdemeanors. Tennessee Code § 40-15-105 requires no prior pretrial or judicial diversion and no prior Class A or B misdemeanor or felony conviction. The prosecutor decides, and the agreement may include supervision, treatment, restitution, court costs, or other conditions.

Judicial diversion is broader because certain Class C, D, and E felonies may qualify. Eligibility does not make approval automatic. A judge may consider the offense, criminal history, behavior after arrest, employment, social history, amenability to correction, deterrence, and whether diversion serves the defendant and the public.

Why DUI Charges Are Treated Differently

A DUI charge under Tennessee Code § 55-10-401 is specifically excluded from pretrial and judicial diversion. A person cannot resolve a DUI conviction through either statutory route, even without a prior record. Our DUI attorney may examine whether the stop was lawful, whether testing procedures were followed, and whether the evidence supports the charge.

Diversion should not be confused with a reduction or dismissal based on evidentiary problems. A DUI charge might be amended or dismissed in an appropriate case, but that outcome would arise from the facts, negotiations, or legal challenges. The firm’s DUI defense information explains issues that may affect these cases.

Domestic Assault May Require Judicial Diversion

Domestic assault is expressly excluded from pretrial diversion. However, it is not listed among the offenses automatically barred from judicial diversion under Tennessee Code § 40-35-313. A qualified defendant may ask the court for judicial diversion, but the charge, prior record, facts, victim-related concerns, and proposed conditions can affect the decision.

Our domestic assault attorney can review whether judicial diversion is available and whether it fits the client’s objectives. Because a domestic assault case may affect firearm possession, employment, family proceedings, and background checks, the proposed resolution should be assessed beyond the immediate sentence. To have your eligibility and possible alternatives reviewed, schedule a consultation with our firm. 

Drug Charges Depend on Classification and History

Drug cases do not have one universal diversion rule. A misdemeanor possession charge may be considered for pretrial diversion when the person meets the statutory requirements and the prosecutor agrees. Judicial diversion may be available for an eligible misdemeanor or a Class C, D, or E felony, but not for a Class A or B felony.

The substance, amount, alleged conduct, and charging theory matter. Simple possession, possession with intent, sale, delivery, and manufacturing can carry different classifications. Our drug crime attorney reviews the charging documents, search issues, laboratory evidence, and criminal history before advising whether diversion is realistic. More information appears on the firm’s drug defense page.

What Happens During and After Diversion

Diversion involves probation and conditions such as reporting, drug testing, treatment, classes, restitution, or court costs. A violation can result in prosecution resuming or the court entering a judgment of guilt, depending on the type of diversion. Successful completion can lead to dismissal, but expungement may require an application and order.

The Law Office of Bryan Stephenson has published case results involving dismissals, reductions, and other outcomes, although no prior matter predicts a new result. Our criminal defense attorney evaluates diversion alongside motions, negotiations, trial preparation, and other resolutions for clients in Nashville, Davidson County, Williamson County, and nearby Tennessee communities.

A Diversion Review Should Begin Early

Diversion can offer a valuable path for some domestic assault and drug defendants, but it is unavailable for DUI and never guaranteed merely because a person appears eligible. The offense grade, prior record, and position of the prosecutor or judge must be reviewed before decisions are made. The Law Office of Bryan Stephenson can assess those factors and explain the available routes. Before making decisions about your case, contact us to have your charge, record, and potential eligibility for diversion reviewed.