What Is The State Of DUI Diversion In San Francisco Compared To Neighboring Bay Area Counties?

Starting in early April 2021, San Francisco and Alameda County (Marin and Sonoma Counties followed in mid-April 2021) started to show receptiveness to the idea of diversion programs for first-offense DUIs. This marked a significant leap forward for DUI defense and offered a promising option for anyone charged with a DUI in California.

Unfortunately, these counties’ efforts were overruled, and diversion programs are no longer available to anyone, even in San Francisco County.

What Are Diversion Programs And Why Would You Want To Be In One?

Diversion programs are an alternative resolution to a criminal charge, usually a minor one, that avoids a conviction. If you are eligible for diversion, and a judge accepts, you can agree to follow through with classes, community service or other commitments for a period of up to two years. If you successfully complete the diversion program, your case is dismissed, and your record is cleared and expunged.

This is almost always the best possible outcome for a criminal charge, and was clearly a huge step forward for DUI defense when San Francisco and other counties began accepting DUI cases for diversion. Unfortunately, it was also too good to last.

Why Did The San Francisco DUI Diversion “Experiment” Come To An End?

Even from the start, places like Alameda County were less receptive than San Francisco to the idea of DUI diversions. San Francisco was clearly the most open county in determining whether someone was suitable for a diversion, and even here, if you were at or above about a 0.15 alcohol level, the DA would strenuously object to diversions on DUI Cases.

While diversions were possible for many first offense DUIs, anything from a prior incident on their record to specific facts and circumstances could cause the courts to say no. This was even more frequent when not appropriately presented by an experienced lawyer. And even when a judge did accept, the district attorney’s objections began to accumulate.

Outside San Francisco, in most counties in California, Courts were resistant to granting diversions from the start. They continued to cite older laws to avoid offering diversion as an option in DUI cases.

A conflict brewed between AB 3234 in Penal Code 1001.95, which said all misdemeanor charges should be eligible for diversion programs, and Vehicle Code Section 23640, which said that DUI charges cannot be diverted. For a time, it was up to individual judges in individual counties to decide, though with DAs complaining, the issue made its way to higher courts and the legislature alike.

Unfortunately, within the last few years, that conflict has been resolved, and not in favor of anyone charged with a DUI. There is no more room for interpretation; unless a new law is passed, no DUI charge is considered eligible for the diversion program. Which means anyone charged with drunk driving is facing a possible permanent conviction on their record.

What Should DUI Defendants In San Francisco Do Now?

Clearly, some parts of the California legislature recognized that individuals on first offenses should not necessarily face a conviction, which would make it significantly more challenging for them to move forward in life.

Those lawmakers wanted to give people a second chance for a reason, especially since there are many other consequences for drunk driving, such as suspended licenses and ignition interlocks. However, there was not quite enough political willingness to stand up for the rights and lives of “criminals” to get that vision imposed on the courts for DUI charges.

Fortunately, that does not mean you cannot fight the conviction anyway; it just means diversion is not going to be an available option. To avoid the conviction and minimize the harm of a DUI arrest on your future, you should reach out to an experienced DUI defense attorney near you as soon as possible.

For more information on DUI Defense In San Francisco County or anywhere in the San Francisco Bay Area, a free initial consultation with us is your next best step. Get the information and legal answers you are seeking by calling (415) 223-7290 today.