According to statistics released from the Harris County Office of Court Management department, the number of Harris County DWI acquittals grew from 3 in 2002 to over 100 acquittals in 2007 and 2008. These numbers were given to the Harris County Court Judges by the district attorney's office when the district attorney's office was proposing the DIVERT program.
We now have a better idea of why the Harris County DA's office is "offering" the DIVERT program. The DIVERT program is a creative alternative to the mounting losses the government is sustaining in Houston DWI cases. Unfortunately, simultaneously, the DA's office changed its offers on DWI cases to only offer jail time. This seems to create a coercive environment in which a person charged with DWI would accept the DIVERT program.
The offers are essentially, take our DIVERT deal or we will only offer you jail time. Sounds pretty coercive to me.