Colorado has embraced a non-traditional approach to tackling some drug-related crimes by moving away from long jail sentences and instead integrating treatment provisions into the criminal justice system. As of January 2025, Colorado was home to 72 so-called “problem-solving courts” in 21 judicial districts.
These specialty courts, including drug courts and sobriety courts, are designed to address criminal behavior that springs from substance abuse and mental illness. They take a nonadversarial approach that brings together multidisciplinary teams, including judges, prosecutors, defense attorneys, and substance abuse treatment services. Their goal is to reduce re-offenses, help people struggling with drug addiction, and promote their long-term recovery.
If you are facing drug charges, you need support, not judgment. Your first consultation with a Wolf Law drug charges lawyer is free, and it’s your chance to explore your legal rights, including the possibility of benefiting from a Colorado specialty court.
Understanding Drug Diversion and Specialty Courts in Colorado
The term “drug diversion” refers to programs that aim to divert people away from the criminal justice system and into rehabilitation programs. In Colorado, these programs are administered by specialized drug courts, known as DIVERT Court in Denver.
Under certain circumstances, individuals who participate in drug diversion programs may be able to have their criminal charges suspended and even dismissed if they successfully complete the program.
Key components of Colorado problem-solving courts
Colorado’s drug diversion programs are guided by the “Ten Key Principles” that were developed by the National Drug Court Institute. These principles include:
- An integrated approach to “drug and alcohol treatment, mental health treatment, case management, intensive supervision, and judicial oversight”
- Prompt screening and assignment of eligible individuals to treatment programs
- Ongoing, regular judicial supervision
The primary focus of Colorado’s problem-solving courts is to reduce recidivism by providing individuals with the tools to regain control of their lives. This switches the focus from punishment to rehabilitation.
How diversion programs work
Diversion programs are usually used for people who have been charged with a first-time misdemeanor, such as simple possession or unlawful drug use. Instead of convicting you, the court may decide to require you to complete a program of rehabilitation. If you follow all the court’s requirements, your drug charge will be dismissed.
The DIVERT Court is designed for offenders facing felony drug charges. It allows them to begin treatment as soon as possible. Potential participants are screened by the District Attorney’s office for their suitability for the program. If approved, they will serve 90 days in Denver County Jail, followed by 3 years of probation, during which they must engage with rehabilitation programs.
Eligibility for diversion
Under the Colorado Revised Statutes Section 18-1.3-101(3), district attorneys (DAs) have a measure of latitude to determine the policies and guidelines they will use to decide who is eligible for diversion programs.
However, each DA must consider:
- The nature of the crime and the circumstances that led up to it
- Any special characteristics of the individual being charged, including pregnancy, mental health conditions, and behavioral health disorders
- What best serves the public interest
- Whether diversion is in the best interests of the offender’s rehabilitation and reintegration
Certain individuals may not be eligible for diversion programs and drug court due to their past criminal convictions. This could include people who have convictions for drug trafficking, violent offenses, or other serious felonies. An experienced Colorado drug charges lawyer can clearly explain your rights.
Why diversion programs are a better option
Diversion programs not only look out for the best interests of individuals struggling with substance abuse and mental illness, but they also benefit the wider community. A study by the University of Oklahoma found that only 3.7 percent of individuals who completed a diversion program were rearrested within a year, compared with 28.4 percent of those who did not complete the program.
An attorney may be able to help you get referred to drug court so you get the treatment you need rather than a jail sentence you don’t. As soon as you know you’re facing a drug charge, call Wolf Law to speak for free to a drug charge lawyer and understand your legal rights.
“Wobbler” Sentencing in Colorado
Another legal provision in Colorado to help people avoid jail and get the drug treatment they need is colloquially known as “wobbler sentencing.” Under the Colorado Revised Statutes 18-1.3-102, sentencing can be deferred for up to 4 years for certain low-level drug felonies to allow time to complete a substance abuse program. However, the person charged with the felony must plead guilty or no contest to the charges.
If you fully comply with the treatment and all other conditions, your felony conviction could be vacated and entered as a level 1 misdemeanour conviction instead.
Not only do you get access to vital drug treatment, but you also avoid jail and a felony conviction. This means that you would not have to declare your drug conviction on job and rental applications. Talk to your drug charge lawyer about whether you can benefit from this program.
Denver District Court RESTART Program
The RESTART (Recognizing and Establishing Smart Treatment Alternatives for Recovery and Transition) Program is a Denver-specific specialty court program designed to support individuals who have been arrested multiple times for driving under the influence of drugs or alcohol. Under Colorado law, being arrested 4 or more times for these offenses runs the risk of a felony conviction and jail time.
However, you could be eligible for the RESTART program if you have been arrested 4 times or more for the following:
- Driving Under the Influence (DUI)
- Driving While Ability Impaired (DWAI)
- DUI Per Se – having a blood alcohol level of .08 or higher while driving, or within 2 hours of driving
The district court has the power to do more than impose jail terms. In order to help you conquer your substance use disorder, the court may instead sentence you to a jail sentence that runs concurrently with a drug treatment program. After being released, you will be required to continue treatment, such as counseling or group therapy. The entire program lasts 3 years.
According to a report, the RESTART program is getting results. One participant stated that the program changed his outlook and helped him quit drinking. Ask a Wolf Law drug charge lawyer if you could be eligible for the RESTART program, which could turn your life around.
Denver County Court DUI Treatment Court
Denver runs another specialty court—the Sobriety Court (DUI Treatment Court). Since 2011, it has offered a structured, state-accredited alternative for individuals facing a second or third DUI charge. Similar to drug diversion programs, it is a treatment-based court program that also follows the “Ten Guiding Principles.” It is designed for adults who are ready to undergo intensive treatment and rebuild their lives through sobriety.
The program combines judicial oversight with clinical support. Participants are carefully selected through a legal and clinical screening process, and they must voluntarily agree to participate in a program lasting up to 2 years. The program focuses on accountability, education on addiction, and long-term sobriety.
If you are facing a second or third DUI, you are reaching a pivotal moment in your life. A fourth arrest could lead to a jail sentence and felony conviction. It’s time to take stock and work with the programs available in Colorado to make DUIs a thing of the past.
A DUI attorney can advise you on the specialty courts available in your part of Colorado and may be able to assist you in benefiting from help with your substance abuse issues. The lawyers at Wolf Law LLC would be happy to point you in the right direction—schedule a free consultation with us today.
Navigating Drug Diversion Successfully
Colorado’s drug courts are not a free pass. To complete the program successfully, you will need to commit to the terms of the program.
For example, pretrial diversion programs may require the following:
- Staying in Colorado for the duration
- No possession of firearms
- Regular court appearances for monitoring
- Full engagement with drug treatment services
- Regular drug testing
- No serious motoring violations
Participation in drug court programs is voluntary, so discuss your options with your drug charge attorney and decide whether this is the right course for you.
Drug treatment options
There is no set format for drug treatment services provided by Colorado drug diversion courts. However, you may be required to participate in:
- Outpatient counseling
- Residential treatment
- Medication-assisted therapy
- Group therapy
If you have co-occurring disorders, such as anxiety, depression, and PTSD, which often underlie substance abuse problems, you may be referred to a program that incorporates mental health treatment.
Sanctions for non-compliance
It is important to go into a diversion program determined to see it through to its conclusion. If you break any of its terms, including non-compliance with your drug treatment program, you risk your case going back to square one. As the sentence may have been suspended until the program was successfully completed, you could now face receiving the original criminal conviction and sentence for your drug offense.
Therefore, it’s important to carefully weigh whether a drug diversion program is the right choice for you. A Wolf Law drug charge lawyer is well placed to guide you through the potential outcomes of your case and help you weigh the pros and cons of your decision. Contact our team to learn what options we can offer you.
Let Colorado Specialty Courts Give You a Brighter Future
Colorado’s specialty courts and diversion programs are about more than giving people a second chance. They can provide you with the tools you need to make a lasting change in your life. If you’re facing drug or DUI charges, don’t simply accept that you will now have a conviction and a jail sentence.
At Wolf Law LLC, we understand that behind every arrest and every charge is a story that needs to be heard, not judged. We want to help you benefit from the treatment you need, not face a jail sentence that will only make the problem worse. Whether it’s exploring your eligibility for drug court, navigating wobbler sentencing, or seeking inclusion in RESTART or Sobriety Court, our attorneys are ready to fight for your rights.
Now’s the time to explore your options together at a free consultation. Call 720.479.8574 or contact us online, and we’ll call you back the same day. Let’s start building a strategy that aims for recovery and a brighter future.
