AB 3234 would permit individuals to enter into a diversion program for most DUIs
California has long been known as a state that is tough on crime. Studies have shown that our harsh criminal justice laws haven’t actually reduced crime — which has led to a wave of criminal justice reforms. Most recently, Assembly Bill 3234 (AB 3234) was passed by the California State Legislatures and signed into law by Governor Newsom. As a result, individuals who are charged with a DUI may be able to avoid having this conviction on their record.
According to a DUI defense lawyer in Los Angeles, CA, AB 3234 allows Californians who have been arrested for certain misdemeanor crimes to enter into a diversion program, thus avoiding jail time. In addition, defendants who have cognitive developmental disabilities, defendants who have been charged with nonviolent drug offenses, and people who have been charged with traffic violations will be eligible for the diversion program. The bill will also lower the age of eligibility for the Elderly Parole Program to 50, from 60.
If a judge allows a defendant in a driving under the influence (DUI) case to enter into a diversion program, then the charge against them would be dismissed if they successfully complete the program. In other words, if you are able to enter into a diversion program, then the charge would effectively be erased, as long as you comply with all of the terms, conditions and programs.
Most
first-time DUIs in California are charged as misdemeanor offenses.
There are situations where a DUI may be charged as a felony, such as
if a person dies in an accident related to the DUI. For people
charged with misdemeanor DUIs, the opportunity to enter into a DUI
diversion program can be life-changing.
California
already has a number of diversion programs, including for those who
suffer from mental health conditions, drug addiction, and for
military veterans. These programs recognize that criminal charges are
often related to issues such as mental illness and substance use
disorder. With this understanding in mind, the criminal justice
system works to help the person — rather than penalize them. In
the same way, people who struggle with alcohol addiction will be
given a chance to turn their lives around after a DUI arrest.
Importantly, entry into the diversion program is not automatic. Instead, the law allows judges to offer the diversion program (even over the objection of prosecutors). If you are charged with a California DUI, a skilled DUI defense lawyer in Los Angeles, CA can advocate on your behalf so that you may be offered this type of diversion program. If you successfully complete the diversion program, then the DUI charge would be wiped from your record.
At the Chambers Law Firm, we are dedicated to helping people who have been charged with DUIs. We use our knowledge of the system and California law to fight for our clients and help them achieve the best possible outcome — which may include entry into a diversion program. To learn more or to schedule a free initial constellation with a DUI defense lawyer in Los Angeles, CA, contact us today at 714-760-4088 or dchambers@clfca.com.
