DUI Diversion

NACDL supports legislation to expand opportunities for diversion from the criminal legal system. 

In 2020, legislation (AB 3234) was enacted permitting California courts to offer diversion to individuals convicted of certain misdemeanor offenses. However, due to several court rulings, this law has been interpreted to exclude those convicted of misdemeanor DUI offenses.

The California state legislature is considering SB 1021, legislation which would give courts discretion to offer diversion to certain individuals convicted of a first-time misdemeanor DUI offense as an alternative to criminal prosecution. Diversion programs can help mitigate overcrowded jails, prisons, and court dockets, as well as the collateral consequences associated with saddling individuals with criminal records.

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