Conditional Deferment, sometimes referred to as the Title 12 Deferral Program, is used in some Indiana counties to address Operating While Intoxicated Charges (OWI/DWI/DUI, etc.). It can also be used to address other crimes, but usually other misdemeanor charges, if deferred, are done so via a Diversions Program. The specific Indiana Code section that applies to the Title 12 Deferral of Drunk Driving cases is IC 12-23-5.
Title 12 of the Indiana Code is entitled “Human Services”. Article 23 is entitled “Addiction Services”. And Chapter 5 is entitled “Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction” This Title-Article-Chapter hierarchy explains a lot of what the program is about; treatment/education in lieu of prosecution.
Each Indiana County is different in its approach to the prosecution of Drunk Driving cases. Some counties do not offer Conditional Deferment (Title 12) on drunk driving charges at all, some counties have limitations relating to the Defendant’s blood alcohol level, some counties will not allow a Conditional Deferment (Title 12) if the Defendant refused the breath test. Also, some counties will disqualify an applicant if they have any criminal history whatsoever, while other counties will allow a Conditional Deferment in spite of prior criminal convictions.