Military veterans facing misdemeanor DUI charges in California have a unique opportunity to avoid the traditional criminal justice system through the Military DUI Diversion Program. This initiative, established under California Penal Code 1001.80 PC, offers a pathway to rehabilitation rather than punishment, recognizing the psychological and emotional challenges veterans might face because of their service.

Who is Eligible for Military DUI Diversions?

To qualify for this program, a person must meet specific criteria:

• They must be a current or former member of the United States military.
• They must suffer from conditions like post-traumatic stress disorder, traumatic brain injury, sexual trauma, substance abuse, or other mental health issues resulting from their military service.
• The defendant must have been charged with a misdemeanor DUI, not a felony DUI.
• And they cannot have previously participated in a diversion program. This one has to be the first.

Once eligibility is confirmed, the defendant and their attorney need to file a motion for military diversion, often including a proposed treatment plan. Then, the court conducts an assessment to tailor a treatment plan to the veteran's needs. If approved, the criminal case is paused, and the veteran enters the diversion program. Typically, the diversion program lasts between 12 and 24 months.

Benefits of the DUI Diversion Program

The Military DUI Diversion Program offers several advantages, including:

• This program focuses on treating underlying issues rather than solely punishing the offense.
• Successful completion of the program can lead to the dismissal of charges and sealing of the record, preventing a criminal record from impacting future opportunities.
• Veterans receive community-based treatment, counseling, and regular updates to court, ensuring a supportive recovery process.

While eligibility is clear, suitability for the program is at the judge's discretion. A compelling case, supported by evidence of military service and related health conditions, is crucial. Judges might consider combat service, post-deployment challenges, and steps taken toward recovery when deciding on diversion.

How the Sigal Law Group Can Help

The Military DUI Diversion Program in California represents a compassionate approach to justice, acknowledging the sacrifices made by military veterans. It provides an alternative to the conventional legal route, focusing on healing and rehabilitation, which can significantly alter the life trajectory of those who have served our country.

If you are accused of a DUI and are a member or former member of the United States military, the Sigal Law Group can help you pursue this diversion program. Contact our offices today for a free consultation.