Last week the Lost vet, 45, pleaded no contest to one count of driving under the influence of intoxicants. Fox was not required to appear and his plea was entered his attorney in court in Bend, Ore.
"He has to go to an evaluator for alcohol [abuse] and complete any recommended treatment program," Deputy District Attorney Cliff Lu told People. Lu also said that if Fox completes a diversion program within a year, the DUI charge "is certain to be dismissed."
Fox was arrested on suspicion of driving under the influence on May 4 and was later charged with driving under the influence and driving without a license. The DUI arrest followed an incident last year when an Ohio bus driver accused him of assault and claimed he was drunk at the time. Local prosecutors declined to charge Fox and the bus driver dropped her civil suit earlier this month.