What is DUI Diversion in California?
While driving under the influence (DUI) is a serious offense in California, it's crucial to understand the concept of DUI diversion and its eligibility criteria. This understanding can be the key to a second chance, a glimmer of hope in a challenging situation. For first-time offenders and their families, it's a relief to know that not all DUI offenders end up with a criminal record, and for some, a DUI diversion program offers this second chance.
Offering a way to avoid traditional criminal prosecution, a DUI diversion program provides a lifeline to eligible individuals. Instead of serving jail time, they can fulfill specific requirements, such as attending alcohol education classes or performing community service. If these conditions are met, their charges may be dismissed, offering a second chance and a reason to be optimistic.
California Penal Code 1001.95 PC allows for alternative sentencing, specifically diversion programs, for misdemeanors, with exceptions. In the case of misdemeanor DUIs, the courts have the discretion to determine suitability after a particular offense has been deemed eligible. This discretion is a significant factor that adds complexity to the process and can greatly influence the outcome of the case.
This often complicated the issue, as many courts throughout California have different interpretations of whether DUIs are eligible for misdemeanor diversion. Some courts say that no DUIs are eligible, while others say that some are eligible. In courts where there is possible eligibility, it's always decided on a case-by-case basis whether diversion will be offered as an option.
Notably, most courts have determined that first-time DUI offenses do qualify for misdemeanor diversion. However, the court has also ruled that DUIs that are second offenses, or where there's a refusal, or where there are two separate pending DUI cases, may not be eligible for diversion.
Simply put, a diversion program is a way to resolve your case without a formal conviction, provided you meet certain conditions. If you complete the diversion program, your case can be dismissed.
However, the process can be complex, underscoring the importance of legal assistance in meeting the program's requirements. This support can make the weight of the responsibility on your shoulders feel more manageable.
Are DUIs Eligible for Diversion?
The simple answer is that DUIs are generally not eligible for diversion in California. However, a discrepancy in the law complicates the issue. For example, Vehicle Code 23640 prohibits the use of diversion for DUI offenses. On the other hand, Penal Code 1001.95, which took effect in 2021, enables diversion for most misdemeanors and does not exclude DUI offenses.
Thus, some DUI lawyers have used this discrepancy to obtain DUI diversion for their clients. In cases where a DUI qualifies for diversion, the standard terms may include the following:
- A diversionary period of six months to two years.
- Enrollment in a DUI class for 3, 6, 9, or even 18 months.
- One month on a MADD Victim Impact Panel.
- Community service of anywhere from 25 to 50 hours.
- No driving without a valid driver's license, insurance, or registration.
- No driving with alcohol in your blood.
- An admonition that if you continue to drive while DUI and hurt somebody, you could be charged with murder.
It's essential to note that a DUI diversion does not eliminate the requirement for a DMV hearing. When you are arrested with a DUI, it triggers two separate processes: a criminal process and a DMV process.
While completing a diversion program may result in a dismissal of your case in criminal court, it will not automatically result in a dismissal of your case with DMV. Understanding the role of the DMV process is crucial, as it can significantly affect the outcome of your case.
DUI Diversion Quick Facts
- In California, misdemeanor DUI charges are generally not eligible for judicial diversion.
- Vehicle Code 23640 VC says a judge cannot suspend, stay, or dismiss a DUI charge after a rehab program.
- Several court rulings have confirmed that DUI cases are not eligible for judicial diversion.
- While misdemeanor DUI charges are generally ineligible, there are exceptions, such as military veterans.
- Penal Code 1001.95 allows judges to order diversion for most misdemeanors instead of a conviction.
- In January 2021, a misdemeanor judicial diversion statute (PC 1001.95) was enacted, which allowed judges to offer a diversion for misdemeanor cases, as long as they complied with the court's orders.
- Since PC 1001.95 does not specifically exclude DUI offenses, some attorneys have argued that it effectively repeals or overrides VC 23640, thereby opening the door for DUI defendants to seek judicial diversion.
- Judges have considerable discretion in handling criminal cases, over the prosecutor's objection.
- Eligibility for diversion requires the defendant to comply with specific terms, conditions, or programs set by the court, such as counseling or community service, for a period that may not exceed 24 months.
How to Get a DUI Diversion
Many courts have concluded that a charge of driving under the influence is eligible for misdemeanor diversion. The court, exercising its discretion, will grant diversion when it deems a person suitable for diversion on a case-by-case basis.
To obtain diversion in Los Angeles, a motion must be filed with the court and served on the district attorney. This process ensures that the court's decision is well-informed and based on the specific circumstances of each case.
It should be noted that the motion for diversion, the determination of eligibility for diversion in general, and suitability are subject to the objection of the DA, and the further potential for the court to overrule the DA's objection.
However, the court does take statements from the DA or objections into serious consideration when making its ultimate determination on the matter. A qualified DUI attorney will be able to present information to the court establishing that a person is, in fact, suitable for pretrial diversion.
The misdemeanor diversion statute is still relatively new. However, the DA will not typically object to diversion for first-offense misdemeanor DUIs. The DA is more likely to object in situations where there is a prior conviction or where the accused was involved in an accident and was arrested for driving under the influence, with other charges pending. An objection by the DA does not preclude the court from finding suitability.
Why You Need a DUI Attorney
Notably, due to California law and court rulings, diversion for DUI charges is increasingly unlikely. Currently, due to inconsistency, DUI defendants should not expect to be granted judicial diversion. However, each case is unique, and the specifics of your situation could influence the outcome.
Thus, this is why you need our experienced Los Angeles DUI lawyers. While diversion may not always be an option, other legal strategies can be pursued to potentially reduce charges, minimize penalties, or even secure an acquittal.
We will thoroughly review the details of your case, including the circumstances of your arrest, the accuracy of breath or blood test results, and whether law enforcement followed proper procedures. We can also negotiate with prosecutors for plea deals that result in reduced charges or DUI alternative sentencing options, such as participation in alcohol education programs.
If the circumstances of your case permit, we can advise you on whether it's in your best interests to seek eligibility for diversion, whether for DUI specifically or for an underlying issue. A DUI diversion program offers a chance for some offenders to avoid a criminal conviction by completing specific requirements rather than prosecution.
It's essential to consult with our knowledgeable California criminal defense attorneys who understand the DUI law and the specific diversion programs available in your situation. Our guidance can provide reassurance and clarity in navigating the legal process. For more information, contact Cron, Israels & Stark, located in Los Angeles.
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