A DUI can harm military members’ careers and futures in ways that do not affect the average citizen. The military DUI diversion program halts a criminal case so the veteran or military member can complete court-approved treatment. It is not a get-out-of-jail-free card but a chance to be rehabilitated. The program focuses on treatment and support, not just punishment. If you complete the program, the judge could dismiss the case, helping you preserve your record and allowing you to remain in service or transition to civilian life. Understanding this specialized legal path is essential.
Veterans and service members facing DUI charges should seek legal assistance when navigating DUI-related cases. Contact the San Diego DUI Attorney to see if a military DUI diversion program could be the right option for you.
California’s Military DUI Diversion Program Under Penal Code 1001.80
If you are a military member or veteran charged with misdemeanor DUI, you could use the military diversion under Penal Code Section 1001.80. If you qualify, this legislation allows you to divert into rehabilitation instead of a conviction. It will help recognize the service-related difficulties and issues you face as a veteran.
At its core, PC 1001.80 defines a pretrial diversion program for current or former United States military members like you. This program intends to help you understand that some of the criminal behavior you are accused of, especially misdemeanor-type offenses like driving under the influence (Vehicle Code 23152), could be a result of trauma or a mental health condition you suffered as a result of your military service. Military personnel and veterans sometimes develop different mental health issues after trauma or stress related to their service or while on the job.
Military diversion differs from criminal proceedings, which typically focus on conviction and punishment. Instead, military diversion addresses the underlying causes of the offense through a treatment plan. The program allows you to participate in therapy, counseling, and support services based on an assessment, instead of going through the typical court system like other eligible defendants. After your consent, the court can extend criminal proceedings, divert you to a treatment program, and waive the right to a speedy trial. This is the legal basis for this diversion.
Crucially, this is a pretrial diversion program. If you complete the personalized treatment plan and fulfill all the program’s requirements in the required time frame, that is, between 12 and 24 months (not beyond two years), the criminal charges against you can be dismissed. Gaining the possibility of dismissal is a significant advantage for you. It will essentially shield you from having a criminal conviction. The court will hold review hearings to monitor your progress. Once you complete the program, the judge will dismiss your case. It will be as if the arrest and charges never happened, giving you a fresh start.
Reasons Why You Should Consider Military DUI Diversion
A DUI conviction can impose heavy penalties on any civilian. However, as a member of the U.S. military, you could face even more severe penalties than mere fines or jail time. These penalties will be career-ending. The military justice system and Department of Defense rules provide harsh penalties that can ruin years of your service and sacrifice. This is precisely why California’s Military DUI Diversion Program is advantageous and often crucial if you qualify.
A typical civilian DUI conviction, even for a first-offense misdemeanor, can cause a chain reaction of adverse administrative or disciplinary actions in the military. Your security clearance is one of the most immediate and critical ways it affects you. A DUI conviction can cause your security clearance to be suspended or revoked. This is especially true when there are aggravating factors or evidence of an underlying issue. Without the necessary clearance, you may be unable to do your job, leading to reclassification, loss of promotion opportunities, and administrative separation or discharge from the service.
Apart from getting your security clearance pulled, a DUI conviction can lead to Non-Judicial punishment (NJP) (Article 15). This might involve being demoted, losing pay, or being given extra duty. Although it is not a court-martial conviction, an NJP is an official action that shows up on your permanent record and can harm your subsequent promotions and assignments. Furthermore, a DUI conviction can warrant administrative separation under unfavorable conditions, which could result in your loss of veteran benefits, like healthcare. Education DUI conviction can warrant administrative separation under unfavorable conditions, which could result in your loss of veteran’s benefits, like healthcare, education (the GI Bill), and retirement pay. Furthermore, a DUI conviction usually suspends or revokes your driving privileges on military installations, creating logistical problems every day. You may also be denied the chance to re-enlist, cutting your military career short.
If you complete a military DUI diversion program, you can avoid serious consequences like a DUI conviction and losing your military career. If you finish the program, the charges will go away. However, in some situations, you may still have to disclose the arrest.. It will allow you to:
- Keep your security clearance
- Avoid the formal discipline that comes with a conviction
- Preserve your rank and pay
- Safeguard your eligibility for reenlistment and VA benefits
Engaging in a diversion will still require you to report to your command and may entail some short-lived limitations or a counseling requirement. However, these will generally be much less severe and longer-lasting than a conviction. The purpose of this program is to allow you to address any underlying issues you may have while also allowing you to continue serving or successfully transition to the civilian world without a criminal record.
Candidates for the Military DUI Diversion Program
To qualify for California’s Military DUI Diversion Program, you must meet the legal requirements defined by statute and your circumstances as determined by the court. Not every service member or veteran with a DUI misdemeanor charge will qualify. You must meet the required criteria to be eligible for this treatment program.
If you meet the following criteria, you may be eligible for military DUI diversion:
- You must have been, or currently be, a member of the military of the United States. This includes service in any Armed Forces, the Reserves, or the National Guard branch.
- The offense you are charged with must be a misdemeanor crime — Although PC 1001.80 applies to other misdemeanors, it is often used for driving under the influence (DUI) under Vehicle Code Section 23152. Significantly, your DUI must be charged as a misdemeanor. If you are charged with a felony DUI, for example, a DUI causing serious injury, diversion under this statute will probably not apply.
- There must be evidence of a service-related trauma or condition, which means you must have a trauma or mental health condition related to service. This includes, but is not limited to:
- Post-Traumatic Stress Disorder (PTSD)
- Traumatic Brain Injury (TBI)
- Substance abuse disorders
- Military Sexual Trauma (MST)
- Other service-related mental health conditions — You probably need documentation, like diagnoses from the VA or qualified medical professionals, to prove that you have other service-related mental health conditions.
- Your service-related condition must be connected to the petty misdemeanor offense you are charged with. In other words, there must be a ‘nexus’ between the two. The judge must be persuaded that your military history and the related stressor or condition impacted what caused you to be arrested for a DUI. This often requires evidence that your condition’s symptoms affected your decision-making or behavior during the offense and led to your actions.
- You must agree to enter the diversion program and give up your right to a speedy trial. If you agree to diversion, you will opt for a treatment program instead of facing immediate criminal court. When you waive your right to a speedy trial, it allows time for assessments, programs, and completion of the programs.
- Before being diverted, the judge must find you suitable for community orders or treatment. It is often based on the assessment of mental health or substance abuse specialists, in addition to a review of your criminal history and the particulars of the present offense. The court has the discretion over whether to rule you suitable and if granting diversion would be in the interests of justice and public safety.
It is also necessary to be cognizant of exclusionary conditions that may disqualify you from military diversion. While not explicitly enumerated in statute for misdemeanors (other than suitability), other circumstances may render you a poor candidate for diversion under PC 1001.80. These may include;
- A history of violent prior convictions
- The nature and severity of your current offense, if it involved particularly egregious conduct
- If the court determines that you are not amenable to treatment or pose an unacceptable risk to the community
- If you have already received military diversion, then you cannot be granted it again
Veterans Treatment Court may be a better option for defendants with a serious criminal record or a felony offense due to its different structure and supervision level.
Steps On How To Apply For Military DUI Diversion
Getting around the legal system after a DUI arrest can be difficult, especially when applying for a DUI diversion program. If you believe you qualify, it is crucial to know how this works. Let us look at the typical process through which you would apply and likely enter the program:
- Arrest and arraignment — When you are arrested for a misdemeanor DUI and appear for the first time in court, or at your arraignment. At the arraignment, you will face formal charges and then enter a plea, typically not guilty at this stage. This is the stage for the start of the criminal court process.
- Engaging a DUI attorney — As soon as you are arrested or when you can, consult or hire an attorney experienced with military DUI diversion. Having a knowledgeable attorney is essential, as applying for military diversion is not automatic but requires a request to the court. This process often also requires negotiations with the prosecution. Your lawyer will help you through the complex legal and administrative process. Understand your rights and learn how to proceed with your claim.
- Attorney investigates eligibility and gathers evidence — When you hire a lawyer, they will examine your eligibility for the PC 1001.80 program and gather evidence to support your application. This is a critical phase. Your lawyer will request your military service documents, including your DD-214, which shows that you are a veteran or are on active duty. Most importantly, he/she will gather medical records, psychological evaluations, and other paperwork that prove the existence of a condition that is related to services, for example, PTSD, TBI, or substance abuse. They will also work to establish a link between that condition and your DUI arrest circumstances.
- Your attorney filing a formal motion requesting diversion — After reviewing the evidence gathered against you and your circumstances, your lawyer will file a formal motion with the court asking that you be granted military diversion. The motion is a detailed legal document explaining why you are statutorily eligible, and it sets forth the argument to the judge and the prosecution that diversion is an appropriate and just resolution of your case.
- Court hearing to determine eligibility — Once you file the motion, the court will set a hearing on whether to grant your request for military diversion and whether you are eligible. During this hearing, your lawyer will provide the evidence they gathered, may call a witness like a therapist or evaluator, and will present your case before the judge. The prosecutor will also be at your hearing and could listen to evidence, question witnesses, and discuss whether you are eligible and suitable for the program.
- Court orders assessment — If a judge determines you are potentially eligible for military diversion at an eligibility hearing, the judge typically orders an assessment. Veteran VA disability claims undergo critical evaluations by qualified mental health professionals, which could be the VA or an approved civilian provider with experience in trauma and conditions related to the military. The assessment will assess your service-related circumstances, mental health, substance use history, suitability, and amenability for diversion programming.
- Assessment results and proposed treatment plan submitted — When the assessment is completed, it is compiled, and a proposed individualized treatment is formulated. The plan specifies the kind and period of suggested therapy, counseling, treatment for substance abuse, or other support services that a professional recommended that you complete as part of the diversion program. The assessment results and recommended treatment plan are then formally submitted to the court for the judge and prosecution to review.
- The judge reviews and decides whether to grant diversion — The judge will have the last say over your diversion request. The judge will look very carefully at the assessment results, the proposed treatment plan, all evidence presented by your attorney, and the arguments from both sides. Following this complete review, the judge determines if he/she will grant you official military diversion. A judge can decide your case even if you appear to meet all of the basic eligibility requirements.
The timeline for this entire process can vary considerably depending on how busy the court is, the complexity of your case, how long it takes to collect documentation, and the availability of assessment services. There may be delays throughout the process, but your attorney will inform you of the progress and work to move your case along promptly while continuing to build a strong case for your diversion.
What the Military Diversion Program Entails
If the court approves your military DUI diversion request, this does not mean your charges go away immediately. You will instead be placed in a program that requires you to adhere to its guidelines for a prescribed period.
The particulars of your program will be customized according to your assessment and needs. However, a court-ordered military diversion program typically involves the following components:
Mandatory Participation in Counseling and Therapy
You will most likely have to attend regular counseling consisting of individual and group therapy. To work through trauma and mental health issues, learn coping strategies, and understand the life circumstances that led to offending behavior.
Substance Abuse Education and Treatment
If your DUI is linked to alcohol or drug use, you must attend substance abuse education programs and receive treatment. Your assessment findings will determine whether you require outpatient counseling or a more intensive inpatient program.
Regular Progress Reviews and Check-ins
The court will check in on your progress throughout the diversionary period. You will need to appear in court and answer to the judge in a scheduled review hearing for the program. At times, you may also have to check in regularly with a probation officer or case manager assigned to your diversion.
Potential for Random Drug and Alcohol Testing
During your time in the program, you may be randomly tested for drugs and alcohol to ensure that you are sober and compliant.
Strict Adherence to Your Personalized Treatment Plan
The treatment plan created based on your assessment is the roadmap for your diversion. To get the most out of it, you must follow all recommendations.
Maintaining Law-Abiding Behavior
While you are in the diversion program, you must be law-abiding. This means you cannot be arrested again. Committing any new crime can impact you and cause you to be terminated from diversion.
Payment of Program Fees, Fines, or Restitution
You may have to pay court fees. The amount you pay will depend on the program and your case. You may have to pay for counseling or treatment for your diversion program. You could also be required to pay restitution to the victims.
Once the judge grants your request, you will remain in the military diversion program for 12 to 24 months. The time it takes varies according to the complexity of your case, your service-related conditions, and your treatment plan requirements.
Potential Outcomes of a Military DUI Diversion Program
The Military DUI diversion program can lead to two possible outcomes, depending on how well you do and comply while in it.
Completion of the Program
You will complete the program if you:
- Follow all the conditions of your individualized treatment plan
- Attend all mandatory counseling and therapy sessions
- Pass all required drug and alcohol tests
- Show up in court as scheduled
Avoid breaking the law while in the program. The court will have a final hearing to verify your completion. This hearing will allow the judge to formally dismiss the original DUI charges against you.
The primary aim of military diversion is this outcome, which has significant advantages. If the charges are dismissed, you will not have a criminal conviction on your record for that DUI. Moreover, one of the benefits of completing the diversion is that you can apply to seal your arrest record pursuant to Penal Code Sections 851.91 and 851.92. Your attorney can help request that the court seal your arrest record for the charge that was dismissed. After it is sealed, it will be considered as if it had not occurred. Deleting this may be crucial for future jobs, housing, and other opportunities to let you move forward without an official arrest record.
Failure to Complete or Termination from the Program
On the other hand, you could fail in your military diversion program if you do not follow the rules and regulations of the program. Some common reasons that lead to discharge are:
- Failing to show up for treatment
- Testing positive for alcohol or drugs
- Being arrested for a new crime, or otherwise violating the rules of the court or program provider
When you are terminated from diversion, the result is grave. The criminal case put on hold when you entered diversion will be reinstated. In other words, you will face the original DUI charges as if you never went into the program. You will be taken back to court to proceed with the regular criminal process when this happens. It could end up in a conviction, sentencing, and all the penalties associated with a DUI conviction. These penalties include:
- A fine
- Jail time
- License suspension
- The negative impact on your military career as discussed above
The court carefully monitors those in military diversion. If the diversion is not helping you or you fail to comply with its terms, the court will likely hold a hearing to see if it should be terminated. Thus, your engagement in this program is crucial to achieving a positive dismissal result.
Find a DUI Attorney Near Me
California’s military DUI diversion program offers a vital chance for service members and veterans charged with DUI. As a military service member, you face unique challenges. This program could help you rehabilitate and heal, preventing you from being convicted of a career-damaging crime. It allows you to fix the issues and secure your future.
If you are active duty military or a veteran charged with a DUI, know your options. Contact the San Diego DUI Attorney today at 619-535-7150 to see how military diversion could help you navigate this difficult time.
