Diversion for DUI Defendants (Part III)

By Robert Phillips, Deputy District Attorney (Ret.)

Diversion for DUI Defendants (Part III) -  Diversion is not allowed in DUI cases.

In July of 2021, the Appellate Division of the Superior Court for Los Angeles County ruled that a diversion program pursuant to Pen. Code section 1001.95 is not available to Driving Under the Influence (i.e., “DUI”) arrestees.  (People v. Superior Court (Espeso) (July 14, 2021) 67 Cal.App.5th Supp. 1; see California Legal Update, Vol. 26, #9, August 12, 2021; Admin. Notes.)  However, two weeks later, the Appellate Division of the Superior Court for Riverside County ruled to the contrary in a split (2-to-1) decision, holding that diversion is available to DUI arrestees.  (People v. Superior Court (Diaz-Armstrong) (July 27, 2021) 67 Cal.App.5th Supp. 10; see California Legal Update, Vol. 26, #10, September 11, 2021; Admin. Notes.) Well, it took a few months, but finally the Fourth District Court of Appeal (Div. 3; Orange County), in agreeing with Espeso, held that there is no diversion for DUI arrestees. (See ....