Military Diversion For a DUI in California
Some military veterans in California are eligible for a pretrial diversion program if they were arrested for misdemeanor driving under the influence (DUI). If eligible, your DUI case would be placed on pause while you complete the program.
If you complete it, the court might dismiss the charges and seal your record. Suppose you are eligible for the military DUI diversion program and want to take advantage of the benefits.
In that case, your defense lawyer would ask the judge to place you in the program. You should know it's the judge's discretion to allow it. Typically, first-offense DUI cases are accepted.
If the judge agrees to divert your case, you would then complete a waiver of your right to a speedy trial. Next, the judge will postpone the DUI case in a deferred adjudication while you complete the diversion program.
Unlike other diversion programs in California that necessitate a guilty plea for entry, the military DUI diversion program does not. This unique feature can be a significant relief for eligible veterans.
The military DUI diversion program is similar to Veterans Courts in California. It will typically require creating a treatment plan for your condition, attending all sessions, taking random drug or alcohol tests, and abstaining from drugs or alcohol during the program.
You will also be required not to commit any crimes while on diversion, perform community service, attend counseling, and comply with any other conditions set by the diversion program.
The diversion programs normally last for between one and two years. Suppose you complete the program early. In that case, the court might terminate the program and end your case. After you complete the diversion program, the judge will dismiss your case. Notably, the criminal case and arrest record will not be available to the public.
What Does the Law Say?
California Penal Code 1001.80 PC says, “(a) This chapter shall apply to a case before a court on an accusatory pleading alleging the commission of a misdemeanor offense if both of the following apply to the defendant:
(1) The defendant was, or currently is, a member of the United States military.
(2) The defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. The court may request, using existing resources, an assessment to aid in the determination that this paragraph applies to a defendant.
(b) If the court determines that a defendant charged with an applicable offense under this chapter is a person described in subdivision (a), the court, with the consent of the defendant and a waiver of the defendant's speedy trial right, may place the defendant in a pretrial diversion program, as defined in subdivision (k).
(c) If it appears to the court that the defendant is performing unsatisfactorily in the assigned program or that the defendant is not benefiting from the treatment and services provided under the diversion program, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted.
Suppose the court finds that the defendant is not performing satisfactorily in the assigned program or that the defendant is not benefiting from diversion. In that case, the court may end the diversion and order resumption of the criminal proceedings. If the defendant has performed satisfactorily during the period of diversion, at the end of the period of diversion, the criminal charges shall be dismissed.
(d) If a referral is made to the county mental health authority as part of the pretrial diversion program, the county shall provide mental health treatment services only to the extent that resources are available for that purpose, as described in paragraph (5) of subdivision (b) of Section 5600.3 of the Welfare and Institutions Code.
If the court orders mental health treatment services, the county mental health agency shall coordinate the appropriate referral of the defendant to the county veterans service officer, as described in paragraph (5) of subdivision (b) of Section 5600.3 of the Welfare and Institutions Code.
The county mental health agency is not responsible for providing services outside its traditional scope of services. An order shall be made referring a defendant to a county mental health agency only if that agency has agreed to accept responsibility for all of the following:
(1) The treatment of the defendant.
(2) The coordination of appropriate referral to a county veterans service officer.
(3) The filing of reports pursuant to subdivision (h)."
What is Pretrial Diversion?
California Penal Code 1001.90 PC defines a “pretrial diversion” program as a way to temporarily or permanently suspend criminal prosecution. It's a type of probation or “deferred adjudication,” similar to California's veterans court program.
Simply put, once you start the program, the court will postpone your court proceedings. If you complete the program, you may not be subjected to criminal penalties. The judge will decide whether you will participate in a community-based treatment service program.
It's no secret that military veterans face challenges upon returning to civilian life caused by psychological and emotional trauma from their service. These types of life struggles often lead to negative contact with law enforcement.
The California legal system has made provisions to support these veterans, such as the eligibility for a PC 1001.80 diversion program for those charged with misdemeanor DUI.
Who Is Eligible for a Military DUI Diversion?
If you've been charged with California Vehicle Code 23152 VC DUI, you might qualify for the military diversion program if you meet the following conditions:
- You are a current or former member of the United States military.
- You suffer from psychological or emotional conditions such as post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), sexual trauma, substance abuse, or other mental health issues that were caused by your service.
- You were charged with misdemeanor DUIs, including drugs or alcohol, but a felony DUI charge does not qualify.
- You have not participated in a diversion program in the past.
The program is designed with your needs in mind, providing tailored support and treatment. It focuses on addressing the root causes of driving under the influence, rather than just punishment, to ensure you receive the care and understanding you deserve.
Military diversion is only available for misdemeanor offenses, which are crimes that carry less than one year in jail, such as the following:
- Vehicle Code 23152(a) VC - driving under the influence of drugs or alcohol.
- Vehicle Code 23152(b) VC - driving with over .08% of blood alcohol content (BAC).
How Does Military Diversion Work?
After it has been determined that you are eligible, the process for entering a military diversion program includes the following steps:
- You will fill out an application for Request for Military Diversion after DUI charges have been filed. Your defense lawyer will file the motion with supporting evidence to prove eligibility. Sometimes, a proposed treatment plan is submitted for approval.
- After receiving the request, the court will conduct an assessment of your mental health and substance use issues. Qualified professionals conduct this and help tailor a specific treatment plan suited to your needs. The court might hold a separate hearing to determine your eligibility.
- If the judge approves the application, you will be diverted from the standard criminal justice process and entered into the diversion program.
- The military DUI diversion program only suspends the criminal part of your drunk driving case. The DMV hearing will continue, which is where issues related to your driver's license suspension are resolved.
What are the Conditions of the Diversion Program?
To participate in a military diversion program, you will be required to follow specific conditions to support rehabilitation and prevent recidivism. These conditions will include the following:
- Military veterans are required to engage in all areas of their prescribed treatment plan, including individual and group therapy sessions.
- Regular testing for substances might be required to ensure compliance.
- You must provide regular updates to the court on their progress and demonstrate a commitment to the program and recovery.
- You must avoid any further legal issues during the program period. Any new offenses will jeopardize your place in the diversion program.
- Sometimes, you might be required to perform community service hours as part of your rehabilitation process.
- The diversion will typically last from 12 to 24 months, depending on your progress and the severity of your issues.
What If You Complete the Diversion Program?
After you have completed your military diversion program and met all the conditions, you should expect the following to happen:
- The DUI charges against you are dismissed.
- You will avoid a criminal conviction on your record.
- The court might seal the arrest records and charges.
- You are legally permitted to say you were never arrested for this charge, which improves your prospects for employment, housing, and other benefits.
What Happens if You Fail the Program?
If you fail to comply with the conditions of the military diversion program, you could face serious consequences, such as the following:
- The court might resume traditional criminal proceedings, and you could face the original DUI charges, including jail time, fines, and a criminal record.
- Non-compliance with the condition can lead to violations of probation terms, resulting in additional penalties or extended supervision.
Simply put, the district attorney will file the criminal charges, and you will have to defend them in superior court. This can also occur if the court is unsatisfied with your progress in the course. Your diversion program will make regular progress reports to court.
For additional information, contact our California criminal defense lawyers at Cron, Israels & Stark, which has offices in Los Angeles, CA.
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