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Executive Treatment Solutions

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.

Multi-StateDUI

Quick answer

Can You Get Diversion for a DUI?

  1. It depends on the state, the county and the facts of the case.
  2. Some states have DUI diversion or deferred programs. Others limit or bar them.
  3. California’s Vehicle Code §23640 restricts diversion in DUI cases, with some debated exceptions.
  4. 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.

  1. Does state law allow it?

    Some states restrict DUI diversion

  2. Is there a local program?

    County options differ

  3. Do case facts fit?

    Priors, injury, test results

  4. Who decides?

    Prosecutor or court

  5. License issues

    Often handled separately

Simplified. Local law controls.Source: Example: California Vehicle Code §23640 (opens in a new tab)

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.

ETS does not decide eligibility or handle license hearings.

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

No. Some states offer it, and some restrict or bar it.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains DUI diversion eligibility at a general level. It is educational, not legal advice.

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