If you or a loved one is facing a DUI charge (driving under the influence), you may qualify for a DUI diversion program if it is not a felony offense or is your first offense. If an individual (defendant) is eligible for this type of program, the judge or prosecutor will dismiss the DUI charge if certain criteria are met. For example, completing community service hours and/or attending DUI education classes. This also means that the DUI offender does not need to serve time in jail, if they plead guilty or do not contest their crime. The problem is that some states like California do not have diversion programs. However, this might change in the near future if Assembly Bill No. 3234 passes.
Enactment of the Assembly Bill No. 3234
CBSN Los Angeles, “Two recent cases in Orange County involving suspected DUIs could be negatively affected if state Assembly Bill 3234 is signed into law by the governor next month, according to California prosecutors,” California Bill Would Allow DUI Charges To Be Dismissed, September 15, 2020, https://losangeles.cbslocal.com/2020/09/15/california-dui-charges-sacramento/.
The victims were a pregnant woman and a Newport Beach mother who were killed by an alleged impaired driver and a man suspected of DUI, respectively. The driver in Newport ran a red light and had prior convictions for DUI.
At Jackson-Bibby Awareness Group, we are keeping a close eye on this legislative process. Our first offender and multiple offender DUI programs will be available as a diversion program once the bill becomes official.
Benefits of DUI Diversion Programs
If drivers qualify for DUI diversion and win their administrative cases, they will not lose their licenses. In addition, defendants will not have a conviction on their records. This can be important for individuals who are still seeking employment, enrolling in a school, searching for a place to live, and more. If drivers complete their diversion agreements successfully, they can answer “No,” if employers ask if they have ever been convicted of a crime.
It is important to note that every single DUI charge calls for jail time if one is convicted. If you successfully complete a DUI diversion program, you can stay out of jail since you were never sentenced on the case.
How to Know if You are Eligible for DUI Diversion
DUI diversion eligibility requirements vary by state and are typically limited to first-time offenders. Some states limit DUI diversion to cases where the defendant’s BAC (blood-alcohol concentration) is below 0.15 percent and there are no serious injuries or fatalities. Other aggravating factors that affect one’s eligibility include the presence of children in the car or a prior felony at the time of arrest. Because courts in some states require offenders to first plead guilty and admit responsibility, this can present a problem if they fail to complete their DUI diversion programs.
Why Choose Jackson-Bibby Awareness Group for DUI Diversion Programs?
At Jackson-Bibby Awareness Group, we are recognized as a State of California and San Bernardino County licensed DUI education program. We counsel and mentor first and multiple DUI offenders, as well as help them regain their driver’s licenses. Enjoy peace of mind knowing that our team consists of CATC and/or ACCBC Certified Addictions Treatment Counselors. In addition to helping drivers cope with drug and alcohol addiction, we guide them through the process of making permanent positive lifestyle changes.
For more updates about DUI diversion programs in California, feel free to contact us today.
Recent Comments