Three years ago, Dirk Folstad stood before District Judge Dave Gamble to request placement in a new diversion program designed to keep drunk drivers out of prison.
He admitted his third conviction for driving under the influence, but Folstad's lawyer believed he would be a good candidate for the program designed to rehabilitate drunk drivers.
The judge agreed, making Folstad the first in Douglas County to enroll in the prison alternative.
"You're sort of a guinea pig for this," Gamble said on Oct. 23, 2007. "Don't screw up."
On Tuesday, Folstad, 33, appeared before Gamble as the first successful graduate of the program.
"Thank you," Gamble said. "You are proof this program can work and you gave us sort of a parameter of how it can be used with others."
He presented Folstad with a certificate and a special coin indicating his completion of what's known as DUI court.
"Thank you for the opportunity," Folstad said.
In completing the 3-5-year program, Folstad earned the right to have the third DUI treated as a second driving under the influence conviction, a gross misdemeanor, avoiding a felony conviction on his record.
Before the diversion program was implemented, a third DUI conviction mandated prison.
By agreeing to the diversion program, Folstad committed to 3-5 years of strict supervision, counseling, unannounced search and seizure, and biweekly appearances before a district court judge to monitor his progress.
It also included six months on house arrest. Folstad paid all his expenses.
"He's referred to sometimes as the poster child for the program," said Folstad's attorney, Tod Young. "There were no problems."
Young said Folstad has paid all his fines and fees and made all his court appearances.
"He's done everything everyone asked him to do," Young said.
Gamble sentenced Folstad to time served.
"This is not an excuse to go back to alcohol," Gamble said.
If a participant is convicted of another DUI offense, it's counted as their fourth with a mandatory 2-15 years in prison, as if the diversion never took place.
