While diversion is often a legitimate option for a first time DUI offender, sometimes it won't be available. The prosecutor will consider other factors, such as other accompanying charges. For example, the following scenario, which actually happened, would be a situation which is likely be more difficult to get diversion for. If it would have been young children in the vehicle instead of teenagers, it would have been yet even more challenging.
Doylestown police officers pulled over Tinicum 25 year old, Matthew Miserendino, after observing a malfunctioning brake late. They believed him to be drunk driving with two teens in the vehicle. Police said Miserendino smelled of alcohol, had slurred speech, bloodshot eyes and a 12 ounce can of beer sitting in the console. Police asked the driver how much he had to drink and Miserendino said he'd had "a lot." He was then charged with DUI, weapons possession, and corruption of minors. The weapons charge was due to him having a spring-loaded knife in his pocket, which police then confiscated. Both teens in the vehicle told police that Miserendino bought them alcohol.
In a case like the above, it's not as simple to get the diversion, because of the accompanying charges and factors surrounding the case. There should be a diversion application policy which each prosecuting agency uses during the process.