DUI Diversion Program in Los Angeles

DUI is something that’s taken very seriously by Los Angeles authority. Once convicted,a  DUI can end up in heavy penalties, obligatory actions like attending driving school, or even jail time in some severe cases. However, there are new rules introduced that might save you the horror and embarrassment that comes with DUI charges.

Effective January 1, 2021, diversion is now available in DUI cases. This is a true sea-change that allows DUI arrestees to avoid a criminal conviction.

What is DUI Diversion?

DUI diversion program in Los Angeles provides the opportunity to avoid a conviction by completing the DUI diversion program where the accused gets a suspended sentence. The court orders the suspension of a DUI sentence on the condition that the defendant completes their DUI diversion obligations. These obligations can include substance abuse classes, community service, and possible fees. Once the conditions of a DUI diversion are met, the court usually dismisses the charges.

Why should You Seek A Los Angeles Diversion Attorney?

The controlling statute is P.C. 1001.95 and it gives a judge complete discretion about whether to grant diversion in a DUI case. This is far from a “slam dunk,” however. First, many judges are of the opinion that diversion should not be granted in DUI cases and they believe the legal precedents still prohibit them from granting diversion in such cases. Second, prosecutors are also vehemently opposed to grants of diversion for DUI cases. In fact, it is the official policy of the Office of the City Attorney of Los Angeles to oppose such requests.  Also, even Governor Newsom has asked the legislature to revoke this option.

Nevertheless, the opportunity for diversion in DUI cases is real, if somewhat difficult to achieve. The ideal candidate for diversion will likely be someone with a relatively low BAC, a driving scenario that is not reckless, and  lack of a previous criminal record. It should be noted that these are not specific requirements for diversion, only practical considerations.

If diversion is granted in a DUI case, it will be for a period of two years and will require the defendant to perform many of the same things he would have to do if actually sentenced for a DUI.

If you are looking for a Los Angeles Diversion Attorney, then you are at the right place. Diversion may be extremely helpful to your case, and we are willing to make every effort to get you this outcome when it is the right approach to resolving your case.