How Often Is Diversion For A DUI Charge Available To A Defendant In San Francisco County?
Anyone who has a DUI charge in San Francisco can apply for a diversion, and I would encourage anyone with a first or even multiple DUI offense to take advantage of it. The problem that you run into is if you have stale priors, felony stale priors, or any other things on your record. It may be tougher to obtain a diversion, especially with any prior felonies, whether they’d be DUIs or other charges. However, there are many exceptions to this rule, and I recommend finding and listening to a knowledgeable DUI lawyer in San Francisco to help walk you through this process.
If it’s a second offense, we’ve recently been given non-binding guidelines by the court that they want the new case to be of a 0.12 alcohol level or lower, and the prior to be eight years old or older. Now, I can tell you, based on what I’ve seen from presenting these cases to the court in San Francisco, that it’s worth bringing a diversion motion in most DUI cases. If you have a much higher alcohol level and your prior’s less than eight years old, we still have a chance of getting a diversion granted, but there are many things that you would need to review with an experienced DUI lawyer to increase your chances of getting a diversion granted.
So, if it’s a felony charge of a DUI, you’re not going to get a diversion, and the same goes in most parts for third offenses. Now, if these two priors for someone charged with a third DUI are both 8, 9, or almost ten years old, the new case is not a high alcohol level, there’s no accident, and there are no additional allegations, you’ve got more of a chance of getting it granted. The more negative facts that are in the report, the more challenging it is to get a judge to go for a diversion. If a felony charge can be reduced to a misdemeanor there may still be a chance of getting a DUI diversion with the right lawyer.
If we can demonstrate that a client is serious about remaining sober and bettering themselves, the judge still may consider granting a diversion, even in more severe circumstances.
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