At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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DUI Diversion Programs

DUI Diversion ProgramsThe following article will cover:

  • The discontinuation of DUI diversion programs in the San Francisco Bay Area as of August 2023.
  • The absence of mental health diversion for DUI offenses in California and the availability of alternative options like drug courts.
  • The nuances of plea offers in San Francisco Bay Area DUI cases, including timing, county-specific dynamics, and the nature of offers.
What Is The Current Status Of The DUI Diversion Program In The San Francisco Bay Area?

As of August 2023, eligibility for a DUI diversion in the San Francisco Bay Area is no longer available. Looking back:

  • In 2021, diversion was granted for DUI cases in specific Bay Area counties, primarily San Francisco, Marin, Alameda County, and some regions of Sonoma County. Other counties were not providing diversion for DUIs.
  • During that year, clients who received DUI diversion experienced notably positive outcomes. Impressively, among those clients for whom we secured DUI diversion in these counties, none have re-offended.
  • Regrettably, from 2022 onward, this diversion for DUI and drunk driving cases was discontinued, both in the San Francisco Bay Area and in the few other California counties that had permitted it.

Currently, there appears to be no momentum toward reinstating these programs. It’s our hope that in future legislative sessions, decision-makers will recognize the value of these programs, particularly for first-time offenders. Early interventions, emphasizing self-help, often prove more effective than waiting until legal proceedings conclude and then mandating educational programs and penalties.

However, for the time being, it’s essential to understand that DUI diversion is not an option in California, spanning both the San Francisco Bay Area and the entire state.

Is Mental Health Diversion Possible For A Misdemeanor Or Felony DUI In California?

In California, you cannot secure mental health diversion for DUI offenses, regardless of the offense’s severity. If such an option existed, it would likely be sought after frequently, given that many individuals grapple with varying degrees of mental health challenges.

While this option is not available, some counties do offer drug courts as an alternative. For instance, I’ve observed a successful outcome in Marin County, where a client facing their third DUI charge was admitted to drug court. Participation in these programs can be intensive, but for those willing to engage, it offers an avenue to avoid incarceration and can be immensely beneficial for their long-term well-being. While drug courts are not universally available for DUI cases, especially for repeat offenders, their potential benefits are noteworthy.

At What Point Will The Prosecutor Make A Plea Offer In My San Francisco Bay DUI Case?

Navigating the complexities of DUI cases across the nine counties in the San Francisco Bay Area is a nuanced process, largely because each county operates differently. Here’s a breakdown to guide you:

  • Timing of Offers: Plea offers can vary. In some counties, an early offer might be extended post-arraignment, particularly when the prosecutor recognizes the representing attorney. Such offers may suggest that an early plea might yield more lenient terms. However, it’s noteworthy that once a case is set for a jury trial, the initial offer may no longer be available, reducing the chances of a lesser charge.
  • San Francisco’s Scenario: Acquiring an offer in San Francisco can be an extended process, spanning several months or more. The inconsistency is due to the turnover in the district attorney’s office over the years. Teams change frequently, making the offering process unpredictable.
  • Marin County Dynamics: Marin County, in particular, has faced challenges in its district attorney’s office due to various reasons, including the impact of COVID-19 and staffing issues. Efforts have been made to streamline the process, with seasoned prosecutors stepping in. In terms of communication and securing offers, this county tends to be more efficient. However, obtaining discovery remains a time-consuming phase across all Bay Area counties.
  • Alameda County’s Process: Alameda is notorious for delays in providing the necessary discovery. Such delays can hinder the plea offer timeline. Once an offer is received and due diligence is conducted, the defendant can then decide on the course of action—whether to accept the plea or proceed with a jury trial.
  • Nature of Offers: In misdemeanor DUI cases, the offers usually pertain to the charges presented, or occasionally, a reduced charge, like a ‘wet reckless’. The attorney’s role is pivotal in negotiating these terms. In more intricate cases, especially those involving multiple charges or immigration implications, a collateral consequences package can be assembled. This package offers substantial information, justifying the dismissal or reduction of charges.

While the variability across counties cannot be overstated, communication remains crucial. Engaging in detailed conversations with your attorney, particularly one familiar with the county of your arrest, is invaluable. Our office specializes in representing clients across all Bay Area counties. For arrests outside of this jurisdiction, we can provide referrals to other esteemed attorneys.

For more information on DUI Diversion Program In The San Francisco Bay Area, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

Aaron Bortel

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