What Happens To Anyone In Probation Or A DUI Diversion Program When Arrested and Charged With Another Offense?

For a brief period in early 2021, DUI defendants of all types were able to get diversions in Marin County and other San Francisco areas. While this program is no longer available for most folks, some Diversion-like options may be available to veterans and other highly specific cases.

Most folks convicted of a DUI will find themselves in a much stricter probation situation.

Both require certain behavior, especially avoiding any criminal offenses, during the duration of the probation or program, which can add a lot of stress and consequences if you are arrested during this time.

What Are The Consequences Of Re-Offending While On Diversion In California?

If you re-offend while in a DUI diversion program in Marin County, the District Attorney’s (DA) office would bring a motion to terminate diversion and bring any new charges stemming from the new offense.

During the brief time the DUI diversion program was available in Marin County, we did not see defendants re-offending. That is what the legislature in California was hoping to see from the diversion program.

They’ve seen evidence that diversion works for other types of offenses and are aiming for this to be true with DUI cases as well. Completing the self-help aspect early in the process, completing the programs, counseling, and classes can all help reduce recidivism.

What Are The Consequences Of Re-Offending While On Probation?

If you do re-offend while on probation, especially if the new offense is egregious, you could end up forced to serve the remainder of your sentence in jail. Other less serious offenses might cause the court to assign more strict supervision for your probation, such as more frequent tests, check-ins or even electronic supervision.

Probation for a first offense DUI can end up going on for four to five years before you get out of the system. That’s four to five years of not being able to drive with even a measurable amount of alcohol, typically 0.01% or greater of Blood Alcohol Content. For most people, a couple of ounces of wine or half of a 12-ounce beer will cause a measurable amount of alcohol to be in their system.

To avoid these consequences, it is important to complete the conditions of your probation properly. Go over the terms with your lawyer. Complete the steps and get the required paperwork into the court. Be careful. If you do have issues with re-offense or other offenses, call a DUI lawyer immediately to avoid the worst consequences.

For more information on DUI Defense in Marin County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling San Rafael, CA (415) 520-7182 | San Francisco, CA (415) 520-6815 today.