DUI Guide
Can You Get a Diversion for a DUI? How Eligibility Depends on Where You Are
Whether DUI diversion exists depends on state law and local programs. Some states offer it. Some restrict it. In California, Vehicle Code §23640 has long limited diversion in DUI cases. Your attorney can tell you what applies where you were charged.
Quick answer
Can You Get Diversion for a DUI?
- It depends on the state, the county and the facts of the case.
- Some states have DUI diversion or deferred programs. Others limit or bar them.
- California’s Vehicle Code §23640 restricts diversion in DUI cases, with some debated exceptions.
- Driver’s license actions are often handled separately from the criminal case.
Jurisdiction first
Is DUI Diversion Even Possible Here? Questions in Order
Flow of questions: state law, local program, case facts, decision-maker, and separate license issues.
Does state law allow it?
Some states restrict DUI diversion
Is there a local program?
County options differ
Do case facts fit?
Priors, injury, test results
Who decides?
Prosecutor or court
License issues
Often handled separately
No national rule
Why the Answer Changes by State
Each state writes its own DUI and diversion laws. Some have deferred or first-offender DUI programs. Others prohibit diversion for impaired driving. Advice from one state may not apply in another.
California example
California Restricts DUI Diversion
Vehicle Code §23640 generally prohibits diversion in DUI cases. California courts have disagreed about whether other laws, like military diversion under §1001.80 or judicial diversion under §1001.95, can apply. Counsel must check current case law. See California DUI Diversion.
Facts matter
Facts That Often Matter
Prior offenses, injury, high test results, a minor in the car or refusal can affect options. These do not decide every case, but programs often look at them.
Separate process
Your License Is Often a Separate Matter
Many states handle license suspension through an administrative process apart from court. Diversion in the criminal case may not resolve it. Ask counsel about deadlines.
Legal note
DUI law varies by state and changes often. Ask a licensed attorney where you were charged.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS can coordinate alcohol assessments, treatment, remote monitoring and records, and share them with counsel when authorized.
Responsibilities
Who Does What?
Defense attorney
Explains local DUI law and options.
Prosecutor
Makes charging and offer decisions.
Court
Decides programs where the law allows.
ETS
Coordinates assessments, monitoring and records.
Questions
DUI Diversion Eligibility: FAQs
Sources & Legal References
California law (example jurisdiction)
Confidential consultation
Support While Your Attorney Handles the DUI
ETS can coordinate assessments, monitoring and records.
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