At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Appeals are currently pending, which will hopefully reverse that decision to exclude DUIs from diversion. If successful, diversion would once again be applicable to DUIs in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: (415) 886-6333

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Law Offices of Aaron Bortel

If you re-offend while in a DUI diversion program in Marin County, the District Attorney’s (DA) office would bring a motion to terminate diversion and any new charges stemming from the new offense. Luckily, since the DUI diversion program has been available in Marin County, we haven’t seen people re-offending. That is what the legislature in California was hoping to see from the diversion program. They’ve seen evidence that diversion works for other types of offenses and are aiming for this to be true with DUI cases as well. Doing the self-help early in the process, completing the programs, counseling, and classes can help reduce recidivism.

However, if you do re-offend, and the new offense is not that egregious, but it is clear you violated the terms of your diversion, the DA doesn’t need to bring a new offense. For example, if you are known to have driven with a measurable amount of alcohol in your system while on a diversion (typically a two-year period), the DA might not prosecute you for this, but they could still bring the motion to terminate your diversion. Thankfully we haven’t seen any.

There are not many conditions for a Marin County diversion that you are encouraged to complete as early as possible:

  • DUI School
  • Community Service
  • Paying a $250 fine
  • It is important to know that Marin and all other counties participating in DUI diversion programs in 2021 stopped at the end of 2021

You have two years of diversion to complete the terms of your agreement.

If you do not complete these requirements early on, likely, when you’re getting close to the end of the two years, you might get a notice from the court saying these terms have not been completed. Diversions are new to Marin County, and no one has finished two years of their diversion, so we are projecting what will happen.

With each diversion, you will be given a date from the court when your two years will be up. At that point, you’re required to go to court if you haven’t completed the terms of your diversion. If you don’t show up for court, they’ll probably revoke your diversion and issue an arrest warrant, hopefully sending you a courtesy letter. It’s important to complete the terms of your diversion early. Diversion in Marin County is such a great way to avoid a criminal conviction that sticks with you for a lifetime.

If you fail to complete the terms of your diversion or get in trouble toward the end of the two years, you will lose your diversion, and your DUI case will start from square one.

If you are caught re-offending or for another offense near the end of your two-year diversion period and diversion is revoked, then if you are convicted of that first case you’re put on probation for a first offense DUI, this case will end up going on for four to five years, at least, before you get out of the system. That’s four to five years of not being able to drive with even a measurable amount of alcohol, typically 0.01% or greater of Blood Alcohol Content. For most people, a couple of ounces of wine or half of a 12-ounce beer will cause a measurable amount of alcohol to be in your system.

To avoid these consequences, it is important to complete the conditions of your diversion in Marin County promptly. After your diversion hearing, go over the terms with your lawyer. Complete the steps and get the required paperwork into the court. Be careful. If you do have issues with re-offense or other offenses while on diversion for DUI, call a DUI lawyer who deals with diversions in Marin County.

For those lucky enough to have received DUI diversion in Marin County in 2021, it is very important to complete all terms of diversion ASAP and make sure the clerk’s office has proof that you completed all the terms.

For more information on DUI Defense in Marin County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.

Aaron Bortel

For A Free Case Evaluation
Call Us 24/7: (415) 886-6333
Text Us Now: (415) 799-3419

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