Matthew Fox May Enter Alcohol Treatment in DUI Case

06/05/2012 at 03:15 PM EDT

Matthew Fox Arrest: He Can Avoid Jail in a Diversion Program
Matthew Fox
Neil Rasmus/BFAnyc/Sipa
Matthew Fox will avoid jail time in his Oregon DUI case if he successfully completes a court diversion program.

The Lost 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

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