Completing treatment would help veterans avoid a DUI conviction.
Members of our military are loved and respected, but in many cases, they are not often given the consideration that they deserve. This is particularly true when it comes to issues related to mental health and substance abuse. A new California bill, Senate Bill 725, aims to change this reality for military veterans charged with driving under the influence.
Under the proposed bill, veterans charged with driving under the influence could potentially avoid a California DUI conviction with what is known as a treatment diversion program. This bill would expand a current military diversion program. If the bill becomes law, the program would allow veterans to receive treatment for issues (including mental health and substance abuse issues) that have arisen as a result of their military service. These issues may be the underlying reason why the veterans are drinking and driving. If the treatment program is successfully completed, then the veterans could have their case dismissed and they will not have a California DUI conviction on their record.
A skilled Los Angeles DUI attorney can help you determine if you qualify for this expanded military diversion program if it becomes law. Under the proposal, eligible veterans must have been diagnosed with post-traumatic stress disorder, traumatic brain injury, military sexual trauma, or another condition related to their service. If you have one of these conditions, you may be eligible to enter into a treatment program to avoid being convicted of a California DUI.
The bill would only permit veterans to enter into the program for misdemeanor DUI offenses, so if you have been charged with a felony offense (for a repeat DUI, for example, or a DUI with aggravating factors, such as a DUI causing serious bodily injury), then you will not qualify for the diversion program. In addition, the bill would not prevent the Department of Motor Vehicles (DMV) from suspending your license in an administrative action. That means that your Los Angeles DUI attorney could still make an argument on your behalf at an administrative hearing that your license should not be suspended by the DMV.
The purpose of this bill is the address the underlying causes of drunk driving. For many veterans, the reason that they drive drunk is due to the trauma that they may have suffered while serving in our military. Giving veterans an opportunity to enter into treatment will help them recover from these issues rather than penalizing them for the trauma that they have experienced in service to our nation. However, there are many groups that are opposed to the bill, including prosecutors and police officers, who believe that it creates a public safety risk by not adequately protecting the public from the risk of drunk driving because it does not limit the number of times that a veteran can utilize the program.
A DUI conviction carries serious consequences, including potential jail time, a license suspension, mandatory DUI school, fines, fees and more. A treatment diversion program, such as the one proposed in Senate Bill 725, may provide a way for some military veterans to obtain treatment and avoid some of these harsh consequences. A Los Angeles DUI attorney can keep you up to date on changes to the law regarding this diversion program and other options for resolving your DUI case.
At the Chambers Law Firm, we aggressively defend our clients against DUI charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation today.
