06/05/2012 at 01:45 PM EDT
Matthew Fox will avoid jail time in his Oregon DUI case
if he successfully completes a court diversion program.
star, 45, pleaded no contest on June 1 to one count of driving under the influence of intoxicants. The actor wasn't required to appear before Circuit Judge Roger de Hoog in Bend, Ore., and the plea was entered by his attorney.
"He has to go to an evaluator for alcohol [abuse] and complete any recommended treatment program," Deputy District Attorney Cliff Lu tells PEOPLE.
If Fox completes the terms of a diversion program within a year, the DUI charge "is certain to be dismissed," says Lu.
– Mike Fleeman