DUI Diversion: Still An Option For Veterans In Marin County

For a brief period in 2021, diversion became an appealing option for dealing with first-time Driving Under the Influence charges in certain counties of the Bay Area, including California. Unfortunately, that possibility has been removed thanks to judicial rulings in 2022, which means diversion is off the table…for most Californians.

There is at least one group that can consistently seek and obtain diversions, including for DUIs, in Marin County: Veterans. Thanks to the Veterans Treatment Court, if you are charged with a crime committed because of a substance abuse or mental health problem, including DUIs, you may be able to get the charge dropped entirely.

What Is The DUI Pre-Trial Diversion Program For Veterans In Marin County?

Just a few years ago, California Courts, including those in Marin County, began determining that veterans were eligible for military diversion. This is done through the Veterans’ Treatment Court, which is one of Marin County’s collaborative justice/restorative Court programs.

The veteran’s diversion program works similarly to other diversions, requiring you to request approval from the judge and then complete a lengthy program of “community treatment” including courses, service, and good behavior. If you do successfully complete the program, you will have the charge dropped and avoid any conviction on your record.

What Does The Veteran’s Diversion Program Require In Marin County?

While the programs are rarely identical from case to case, most DUI diversions agreed to under the Veterans Treatment Court require:

• Up to two years of counseling with the VA,
• Attending mandatory AA meetings,
• Local community service programs,
• Attending DUI school,

The program also includes periodic check-ins with the VA to ensure that you are abiding by the requirements. There can also be some variation depending on whether alcoholism, substance abuse, or mental illness is presented as the primary contributing factor to the DUI.

Some of these steps can be taken or started before the diversion is even approved to help demonstrate your remorse and desire to turn your life around.

What Are The Advantages And Disadvantages Of Veteran Diversion For DUI Charges In California?

Whether you live in Marin County or any other area of California, a diversion program is a great way to avoid a DUI conviction. This is because the entire case is dismissed once the diversion period has ended if you successfully complete it.

However, it can be hard for many veterans to complete this program. Mental health issues affect many of the brave men and women who have served our country, especially those who have been severely injured physically and/or mentally as a result. Diversion requires sticking to a regular routine, staying on track, attending all classes, and reporting in a timely manner, which can be difficult when also dealing with the ups and downs of mental health problems.

That said, if you think you can complete such a program, it is always preferable to a conviction on your record, which can be a barrier to many careers, professional licenses and employment opportunities. The community resources put at your disposal during the diversion program can also make a meaningful difference in your road to recovery, including for mental health struggles.

As a DUI defense lawyer, but also as a member of the community, I believe every county should offer some type of military diversion program, as they are badly needed and offer exceptional advantages to individuals, society, and the court system. The legislature and the courts have made the right decision to make these programs available to those who have sacrificed their lives for our country. The next step will be reopening other DUI diversion programs for other members of the community.

If you have been arrested in Marin County and want to take advantage of the DUI Pre-Trial Diversion Program for Veterans, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 520-6815 today.