Can I Still Get A Diversion For DUI In California?

In May 2021, in Sonoma County and a few other counties in California, misdemeanor courts, judges, and commissioners started granting diversions for Driving Under the Influence (DUI) cases in accordance with new laws under Penal Code Section 1001.95. This was excellent news for anyone charged with a DUI, and DUI defense lawyers were able to take advantage of it to help their clients avoid convictions.

Unfortunately, superior courts in California decided this interpretation was invalid and closed the door on DUI diversions. In this article, we will discuss:

• How DUI diversions became a possibility in California.
• Why it is no longer possible to get a DUI diversion in California.
• Some alternatives to diversion for DUI defense in the Bay Area.

What Is A Diversion?

Diversion is a type of alternative sentencing available on some charges in California. These programs allow those charged with a crime to commit to a period of classes, check-ins, and/or community service. If they complete the program successfully, the judge agrees to dismiss the charge, avoiding a conviction, and often expunge it in the process, thereby removing it from their public record.

How DUI Diversions Became (Briefly) An Option In California

In 2020, the California legislature passed AB 3234, a law that states that most misdemeanors should be eligible for diversion. Since all but the most serious DUI charges are misdemeanors, DUI defense attorneys like Aaron Bortel immediately went to work obtaining diversion for clients like you.

This meant that in some counties, DUI cases began to be diverted out of the criminal system. People charged with drunk driving were able to avoid a conviction once the diversion period (somewhere between six months and two years) was successfully completed.

Why Didn’t All California Counties Allow DUI Diversion Programs?

From the start, many judges did not consider DUIs to be eligible for diversion. These opponents argued that under Vehicle Code Section 23640, diversion cannot be granted for DUIs. Other judges, like those in Sonoma County, disagreed, allowing DUI diversions under the new law.

Since the question of whether an eligible person is also a suitable person for diversion is up to the judge to decide, rather than the prosecutor, some counties started allowing it, while others did not. However, while a judge can grant diversion over a district attorney’s objection, those DAs could, and did, object to diversions for DUI charges.

This means that the question inevitably made its way to the superior courts, where, unfortunately, the more conservative ruling prevailed. They decided DUIs could not be diverted under the new law, since it did not overrule the previous one. This decision was made in late 2022, and since 2023, no new DUI diversion has been accepted in California.

What Other Options Are There When Charged With A DUI In California?

Just because the 1001.95 diversion is off the table does not mean a DUI charge is automatic or definitive. There are still many ways to defend against a DUI charge in California, including:

• Contest the charge, for example, by questioning the validity of the officer’s stop.
• Getting the charges dismissed by undermining the evidence against you.
• Negotiating a deal for reduced charges, such as a wet reckless charge instead of a DUI.
• Taking advantage of specific alternatives, such as drug court or veteran diversions, if they apply.

Understanding your specific situation and the options available to you is crucial to creating a strong DUI defense. Even if diversion is no longer available, there is a lot a skilled DUI defense lawyer can do to help you reduce or avoid the consequences of a DUI arrest in California.

For more information on current DUI defense strategies in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 223-7290 today.