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

In San Francisco or the San Francisco Bay area counties, if you’re on probation for driving under the influence (DUI) and you violate the terms of your probation, one of which might be picking up a new criminal offense, several things can happen:

  • The DA’s office can file a motion to revoke your probation.
  • You could be charged with a second or third offense DUI, depending on how many you already have within the last ten years.
  • You could be sentenced to up to six months in jail for a first offense DUI

If you’re on probation for a DUI in San Francisco, Marin, San Mateo, Santa Clara, Contra Costa, Alameda, Napa, or Sonoma counties, if it’s a first DUI offense and you violate probation, you would be entitled to a hearing where your attorney could represent you, but you would not be entitled to a jury trial on a probation violation. If you are charged with a new offense, you could get a jury trial for that, such as a second offense DUI.

In California, we have half-time, good time, or work time credits. If you’ve violated your probation, you will get custody credit from your original case. While the maximum penalty for first DUI is typically six months in jail, the most you would get is three months in jail. You would get credit from your original case. If you’re on probation for a second or third offense, they’ll most likely give you a year sentence, minus any custody credits that you have.

Sometimes those probation violations can get dropped, sometimes they don’t even get filed. For example, if you’re on probation in San Mateo County and you go up to Sonoma County and get trouble for something like being drunk in public, San Mateo County might not find out about the offense. If they don’t, you got lucky. A lot of times though, the jails or the DA’s office will notify the county where you’re on probation to let them know. If the second offense occurs in the same county, however, you can rest assured that in most cases, that county will take action for a violation of your probation.

If you’re on a diversion for DUI in San Francisco, Marin, Alameda, or Sonoma counties – one of the California counties following the new law – if you violate your diversion conditions by picking up a new case, not obeying all laws, not following through with the conditions of probation, or have alcohol in your system when you’re driving, then your diversion can be terminated, and the original charges reinstated. The opportunity to get DUI diversion ended at the end of 2021.

As of December 2021 in San Francisco, the number of repeat offenders, after getting a first-offense DUI diversion granted was much less than for first-time offenders in previous years. Diversion for DUI worked and did exactly what the legislature hoped to accomplish. Unfortunately, the courts decided the law was not properly modified by the legislature and Diversion ended. If the legislature in California ever properly examines this program and properly modifies the law and allowing diversions for DUI in California, it will decrease the number of repeat offenders which means it will save lives.

For more information on DUI Defense in San Francisco, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 214-9492 today.

Aaron Bortel

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Call Us 24/7: (415) 886-6333
Text Us Now: (415) 799-3419

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