Unlike other misdemeanors, driving under the influence charges cannot be shunted to a diversion program instead of prosecution, the Fourth District Court of Appeal, Division Two, ruled July 28 in a split ruling with a concurring opinion.
A 2020 change to California law, through AB 3234, allows most misdemeanor charges to be diverted away from prosecution, and into a program or a condition that the judge thinks is appropriate. At the end of the program, the judge can dismiss the misdemeanor charge. The judge does not have to consider the prosecutor’s objections when they divert a charge.
A DUI charge cannot be diverted under
