Military DUI Diversion Programs in California
Suppose you are a military veteran suffering from psychological or emotional trauma as a result of your military service. In that case, you might qualify for a pretrial military diversion program after a misdemeanor DUI arrest.
California lawmakers amended California Penal Code 1001.80 PC to allow veterans charged with misdemeanor DUI to take a pretrial diversion program instead of prosecution.
California Penal Code 1001.90 PC defines a "pretrial diversion" program as a way to temporarily or permanently suspend criminal prosecution. In other words, it's a type of probation or "deferred adjudication," similar to California's veterans court program.
After you start the program, the court will postpone your court proceedings. If you complete the program, you might no longer be subjected to criminal penalties. The court will determine whether you will participate in a community-based treatment service program.
Military veterans often face unique challenges upon returning to civilian life, stemming from psychological and emotional trauma from their service. These struggles can sometimes lead to various difficulties, including run-ins with the law.
It's important to recognize and understand these challenges, and the California legal system has provisions to support veterans in such situations.
Thus, as noted, California legislators have made provision for eligible military veterans charged with misdemeanor DUI to qualify for a diversion program via PC 1001.80 to ensure fairness under the law, which falls under the overall category of a military diversion program.
Suppose you are a veteran facing DUI charges in California, where the trauma you faced in the service was a contributing factor to your DUI.
In that case, this provision offers more than just an alternative to traditional prosecution. It's a pathway to rehabilitation, addressing the underlying issues contributing to your condition. It's an opportunity to heal and move forward rather than a focus on punishment.
Who Is Eligible for a Military Diversion Program for DUI?
If you've been charged with DUI, you may qualify for a military diversion program if you meet the following criteria:
- You are a current or former member of the United States military.
- You suffer from psychological or emotional conditions such as post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), sexual trauma, substance abuse, or other mental health issues resulting from your service.
- You have been charged with misdemeanor DUIs, including those involving drugs or alcohol (felony DUI does not qualify).
- You have not participated in a diversion program in the past.
This program aims to provide support and treatment tailored to your needs, addressing the root causes of the DUI rather than focusing solely on punitive measures.
PC 1001.80 says, "(a) This chapter shall apply to a case before a court on an accusatory pleading alleging the commission of a misdemeanor offense if both of the following apply to the defendant:
(1) The defendant was, or currently is, a United States military member.
(2) The defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. The court may request, using existing resources, an assessment to determine that this paragraph applies to a defendant."
How Does Military Diversion Work?
Once a veteran is deemed eligible, the process for entering a military diversion program includes several steps:
- Application Process: You will fill out and submit a Request for Military Diversion as soon as possible after charges have been filed. Your attorney will also file a Motion for Military Diversion along with supporting evidence to prove your eligibility and, in some cases, a proposed treatment plan to be submitted for approval.
- Hearing and Assessment: On receiving the request, the court is required to conduct a thorough assessment of your mental health and substance use issues. This assessment by qualified professionals helps tailor a specific treatment plan to your needs. The court may also hold a separate hearing to determine your eligibility, ensuring a fair and comprehensive evaluation.
- Court Approval: If the court approves the application, you will be diverted from the traditional criminal justice process and entered into the diversion program.
PC 1001.80(b) says, "If the court determines that a defendant charged with an applicable offense under this chapter is a person described in subdivision (a), the court, with the consent of the defendant and a waiver of the defendant's speedy trial right, may place the defendant in a pretrial diversion program."
What are the Conditions of the Military Diversion Program?
Participation in a military diversion program comes with specific conditions designed to support the veteran's rehabilitation and prevent recidivism. Essential conditions typically include:
- Mandatory Treatment: Veterans must engage in all aspects of their prescribed treatment plan, which may include both individual and group therapy sessions.
- Abstinence from Drugs and Alcohol: Maintaining sobriety is crucial. Regular testing for substances may be required to ensure compliance.
- Progress Reports: Participants must provide regular updates to the court on their progress, demonstrating their commitment to the program and their recovery.
- No Further Legal Violations: Veterans must avoid any further legal troubles during the program period. Any new offenses can jeopardize their place in the diversion program.
- Community Service: In some cases, veterans may be required to perform community service as part of their rehabilitation process.
The duration of the program can vary but typically lasts from 12 to 24 months, depending on the veteran's progress and the severity of their issues.
What Happens When You Complete the Program?
Once you have completed your military diversion program and met all the conditions, you can expect the following:
- Dismissal of Charges: The DUI charges against you are dismissed. This means you avoid a criminal conviction on your record.
- Sealing of Records: The court may seal the arrest records and charges, providing additional privacy. You'll be legally permitted to say you were never arrested, provided this was your first and only criminal charge, which improves your prospects for employment, housing, and other benefits. Your privacy and rights are protected throughout this process.
What Are the Consequences of Non-Compliance?
Failure to comply with the conditions of the military diversion program can have serious repercussions. If you fail to adhere to the program's requirements, you may expect the following:
- Reinstatement of Criminal Proceedings: The court may resume traditional criminal proceedings, and you could face the original DUI charges, including potential jail time, fines, and a criminal record.
- Probation Violations: Non-compliance can lead to violations of probation terms, resulting in additional penalties or extended supervision.
PC 1001.80(c) says, "If it appears to the court that the defendant is performing unsatisfactorily in the assigned program, or that the defendant is not benefiting from the treatment and services provided under the diversion program, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted."
Suppose the court finds that the defendant is not performing satisfactorily in the assigned program or benefiting from diversion. In that case, the court may end the diversion and order the resumption of the criminal proceedings. If the defendant has performed satisfactorily during the diversion, the criminal charges shall be dismissed at the end of the diversion.
For additional information, contact our California criminal defense lawyers at Eisner Gorin LLP, which has offices in Los Angeles, CA.
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