For active-duty service members and veterans, military diversion offers a court-supervised treatment program instead of a conviction. Finish the program successfully, and the case is dismissed, with no DUI conviction on your record. It is the only form of diversion available for a DUI charge in California. San Diego DUI attorney Joshua Price doesn’t just apply for diversion for his clients; he testified in Sacramento to help keep DUI diversion alive in California.
Diversion is a treatment-focused alternative to the traditional criminal process. For a DUI charge in California, it is available only through military diversion under Penal Code § 1001.80, for active-duty service members and veterans. California’s general judicial diversion law, Penal Code § 1001.95, took effect in 2021, but it does not reach DUI charges: Vehicle Code § 23640 bars diversion in DUI cases, and only the military diversion statute expressly overrides it.
In military diversion, the court can postpone the case for up to two years. During that time, the participant takes classes, attends impact panels, counseling, rehab, and self-help meetings. If the program is completed successfully, the case is dismissed at its conclusion.
Diversion is not an easy way out. Participants take responsibility for their actions, agree to rehabilitation, and remain accountable to the court overseeing their progress. In practice, people in diversion face more accountability — and receive more wrap-around treatment — than people who simply plead guilty or are found guilty.
Why does it matter so much? Because a conviction can cost far more than fines and jail time: careers (doctors, nurses, and other licensed professionals), child custody, and immigration status (including DACA) can all be on the line. Diversion is a way to hold people accountable, get them the treatment they need, and make the roads safer. It is one outcome among many Josh pursues across a full DUI defense — the stop, the field sobriety tests, the chemical evidence, and the charge itself.
“If approximately 27% of DUI offenders re-offend, that is close to 27,000 people. With diversion, we can get that number close to zero.”
— Joshua Price, testifying before the California Senate Public Safety Committee, July 13, 2021
“It was an incredible experience to be a part of the legislative process and to help defeat an extremely prejudicial bill… I can honestly say it is the most rewarding part of my job. I also know that my family and friends are safer than before.”
— Joshua Price, on the defeat of AB 282
California has more than one diversion program, but for a DUI charge only military diversion applies. Here is how the three programs compare.
Statute: Penal Code § 1001.95
Who: most misdemeanor charges, but not DUI (Vehicle Code § 23640 bars it)
Length: up to two years
Program: classes, impact panels, counseling, rehab, self-help meetings
Outcome: case dismissed on successful completion
Questions? (858) 289-2624
Statute: Penal Code § 1001.80
Who: active-duty service members and veterans
Qualifying conditions: PTSD, TBI, MST, and other service-related psychological or substance-use conditions
Structure: collaborative treatment court with an individualized plan
Outcome: treatment without a conviction while diversion is pending
Questions? (858) 289-2624
Who: qualified veterans, after a finding of guilt
Program: often two to three years of supervised care, which can include residential treatment
Outcome: conviction dismissed after completing the counseling program
Note: pre-plea diversion can start treatment as much as a year earlier
Questions? (858) 289-2624
San Diego is a military town. As of 2017 reporting, San Diego County was home to an estimated 38,000 veterans of the post-9/11 era — and research cited by the U.S. Department of Veterans Affairs suggested as many as 6,700 of them may end up charged with a crime. Conditions like PTSD, traumatic brain injury, and military sexual trauma often underlie those charges, and California’s Military Diversion Program exists to treat the cause instead of just punishing the symptom.
Diversion can also protect a military career: completing diversion instead of taking a conviction can spare a service member punishment that includes a less-than-honorable discharge — and with it, VA financial and medical benefits.
Check every statement that describes you. This isn’t a legal determination — every diversion application must be approved by a judge — but it’s a good first read on whether diversion belongs in your defense strategy.
This checklist is a conversation starter, not legal advice. Eligibility is decided case by case by the court. For a DUI charge, diversion is available only to active-duty service members and veterans, so the military questions matter most. If diversion doesn’t fit, a reduction or a dismissal may still be possible.
For active-duty service members and veterans, military diversion is on the table in a misdemeanor DUI case. The earlier we start building the application, the better.
A judge has to approve each application for diversion — it is never automatic. This is where experienced presentation of your circumstances, treatment plan, and stakes makes the difference.
The plan is individualized. In military diversion, a collaborative team — the court, prosecutor, defense attorney, and treatment providers — reviews the case together and oversees progress, addressing not just substance use and mental health but housing, employment, and education needs.
For up to two years you take classes, attend impact panels, counseling, rehab, and self-help meetings — and stay accountable to the court overseeing your progress.
Complete the program successfully and the case is dismissed at its conclusion. No conviction.
No. California’s general judicial diversion law (Penal Code § 1001.95) does not apply to DUI charges, because Vehicle Code § 23640 bars diversion in DUI cases. The only exception is military diversion under Penal Code § 1001.80, for active-duty service members and veterans. Other good outcomes are still possible, such as a reduction to a lesser charge or a dismissal when the evidence doesn’t hold up. Our first-time DUI guide covers them.
No. Participants take responsibility for their actions, agree to rehabilitation, and answer to the court throughout the program. People in diversion face more accountability — and get more wrap-around treatment — than people who are found guilty or simply plead guilty. That’s exactly why judges, treatment providers, and many veterans organizations support it.
If the program is completed successfully, the case will be dismissed after its conclusion — no conviction. If you don’t complete the program, the court may terminate diversion and resume the criminal case.
Military diversion under Penal Code § 1001.80 lasts up to two years. Post-conviction veterans treatment court often runs two to three years of supervised care, which can include residential treatment. Pre-plea diversion can get a service member into treatment as much as a year earlier than the post-conviction route.
Not by itself. The DMV has a separate administrative process that can include suspending or revoking a driver’s license after a DUI, and that DMV record isn’t affected by what happens with diversion in criminal court. You have to fight the DMV action separately — and quickly.
The Military Diversion Program under Penal Code § 1001.80 covers active-duty service members and veterans dealing with service-related conditions such as post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), military sexual trauma (MST), and other psychological or substance-use conditions. See our full military diversion guide for how the program works.
Yes. Defending Rights Law Center has successfully applied for close to 30 diversion programs, each with heartening results. Josh also served as 2021 president of the California DUI Lawyers Association, and was the main opposition witness whose Senate testimony helped defeat AB 282 — the bill that would have eliminated diversion for misdemeanor DUIs in California.
“Diversion is a way to hold people accountable, get them the treatment they need and make the world a safer place. Why not give people with no prior DUI convictions something to work towards?”
— Joshua Price, San Diego DUI Attorney
Call to schedule a free consultation. We are receiving calls 24/7. Explain the particular facts of your case and Josh will recommend what to do next — including whether a diversion application belongs in your defense.
Request a Free ConsultationJoshua Price — main opposition witness against AB 282, California Senate Public Safety Committee, July 13, 2021. The bill was defeated.
