When a driver gets charged with a DUI, there can be serious legal and personal consequences. However, military service members and veterans who are facing misdemeanor DUI charges in California may be eligible for a military diversion program under California Penal Code §1001.80. 

This program provides an alternative to traditional prosecution by allowing eligible individuals to complete a treatment-based rehabilitation program instead of facing criminal charges. If the participant completes the program successfully, the court could dismiss the charges, sealing their record as if the arrest had never occurred.

This guide offers an overview of military diversion for DUI offenses, touching on who qualifies for the program, how to apply, and what participants can expect.

Military Diversion: An Alternative to Traditional DUI Prosecution

Military diversion is a type of pretrial program that pauses criminal proceedings while the defendant is in treatment for conditions related to their time in service.

The purpose of this program is to emphasize rehabilitation instead of punishment, recognizing that conditions like post-traumatic stress disorder (PTSD), substance abuse, or mental health disorders may have contributed to the DUI. 

If the defendant makes it through the program successfully, the DUI charge against them is dismissed, and the arrest record is sealed from public access. If the defendant fails the program, their DUI case will resume, and they may face penalties. 

Who Is Eligible for Military Diversion? 

To qualify for military diversion in California, a defendant must meet three main requirements:

Be a Present or Former Military Service Member

The defendant must be a current military service member in the Army, Navy, Air Force, Marine Corps, Space Force, Reserves, Coast Guard, or National Guard. The defendant can also be a veteran, having retired from active-duty service.

Have a Mental Health or Substance-Related Condition

The defendant must have been diagnosed with a condition such as PTSD, traumatic brain injury (TBI), military sexual trauma (MST), substance abuse disorder, or another mental health condition caused by their time in service. 

Be Facing a Misdemeanor DUI Charge

The military diversion program only applies to misdemeanor DUIs, including misdemeanor DUI causing injury (VC 23153).

Who Is Ineligible for Military Diversion?

Felony DUI charges and certain violent offenses on a defendant's record (e.g., murder or sexual assault charges) will disqualify an individual from participating in the program.

How to Apply for Military Diversion 

If the defendant completes the program, the charges against them will be dismissed. However, law enforcement and licensing agencies may be able to access these records in certain situations.  Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred. The sole exception is that the arrest must be disclosed if the defendant applies for a job as a peace officer.

If the defendant completes the program, the charges against them will be dismissed. However, law enforcement and licensing agencies may be able to access these records in certain situations.

Does Military Diversion Impact a Defendant's Driver's License?

Yes. Even after a participant completes the military diversion program, the DMV may choose to suspend their license. A DUI charge and the DMV's administrative processes are two separate things.

The defendant must request a hearing to challenge a license suspension within 10 days of it occurring; otherwise, it could happen automatically. 

A Better Option for First-Time Military Offenders

Whether you're an active-duty service member or a veteran who has served your country in the past, a military diversion program might be a good option to consider if you're facing a misdemeanor DUI charge in California. A DUI defense attorney can help determine your eligibility and assist you with the application process.