California DUI Guide
California DUI Diversion: What You Need to Know in 2026
California has no general DUI diversion program. Vehicle Code §23640 generally bars diversion in DUI cases. Courts have debated whether military diversion or judge-granted misdemeanor diversion can still apply. Your attorney can explain where that law stands for your case and county.
Quick answer
Is There DUI Diversion in California?
- Vehicle Code §23640 generally prohibits diversion in DUI cases.
- Courts have addressed whether military diversion under Penal Code §1001.80 can apply to DUI.
- Courts have disagreed on whether §1001.95 judicial diversion can apply to DUI.
- DMV license actions are separate from the criminal case.
Three laws
How California DUI Diversion Questions Fit Together
Three lanes: Vehicle Code 23640 restriction, military diversion, and judicial misdemeanor diversion.
VC §23640
- General DUI diversion restriction
Military (§1001.80)
- Service-related conditions
- Applied in some DUI rulings
Judicial (§1001.95)
- Misdemeanors
- Courts disagree on DUI
The restriction
What Vehicle Code §23640 Says
Vehicle Code §23640 says a court generally may not suspend proceedings for diversion in a DUI case. For years, this meant DUI cases were not diverted in California.
Penal Code §1001.80
Military Diversion and DUI
Penal Code §1001.80 covers current and former service members with qualifying service-related conditions. California courts have held it can apply in some DUI cases. Eligibility still depends on the statute and the court. See Military Diversion in California.
Penal Code §1001.95
Judge-Granted Misdemeanor Diversion and DUI
§1001.95 does not list DUI among its exclusions, but appellate courts have reached different conclusions about whether §23640 still bars it. Outcomes can vary by court. See PC 1001.95 Guide.
License
DMV Action Is Separate
The DMV can act on your license apart from the criminal case. Diversion in court may not stop it. Ask counsel about DMV deadlines right away.
Legal note
California DUI diversion law is unsettled and may change. Only a licensed attorney can advise on current rulings.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS can coordinate alcohol assessments, treatment, monitoring and records, and share them with counsel when authorized.
Responsibilities
Who Does What?
Defense attorney
Tracks current law and makes requests.
Prosecutor
May oppose or agree to requests.
Court
Decides whether diversion is legally available.
ETS
Coordinates assessments, monitoring and records.
Questions
California DUI Diversion: FAQs
Sources & Legal References
Confidential consultation
Support During a California DUI Case
ETS can coordinate assessments, monitoring and records.
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