When it comes to criminal cases involving drugs and alcohol, the state
of California takes a different stance when it comes to punishing the
accused. Many times, these cases aren't a question of guilt or innocence,
but rather education, resources, and even addiction. That is why, in certain
cases, those who plead guilty of these crimes become eligible for California's
What is a diversion program?
When the court recognizes that an accused individual perpetrated an alcohol
or drug-related crime due to their struggle with an addictive substance,
they may offer a sentencing option that forgoes jail time. That is because
study after study has shown that incarcerating these individuals—especially
for minor crimes—neither rehabilitates the accused nor prevents
Instead, the court offers these diversion programs to give the accused
resources and support they need to understand their relationship with
drugs and alcohol. Along with any fines the accused may be sentenced to
pay, they will be mandated to complete these programs and demonstrate
an interest and investment in the betterment of themselves.
What diversion programs are available?
California offers several diversion programs to cover a narrow scope of
minor and non-violent crimes. An accused's eligibility for these programs
is largely dependent on the nature of their charge.
California offers the following diversion programs:
- SB-1176 Program - First offender 12-hour "Wet Reckless" DUI program
- AB-541 Program - First offender 3-month DUI program
- AB-762 Program - First offender 6-month DUI program
- AB-1353 Program - First offender 9-month DUI program
- PC-1000 Deferred Entry of Judgement Program - addiction and recovery
- Various drug & alcohol programs (from 10 Weeks to 12 months)
- Traffic school (available to some accused of moving violations)
Am I eligible?
To be eligible for a diversion program you must plead guilty to your drug
or alcohol-related crime. It is also crucial that you have a dedicated
and compassionate legal advocate on your side to assert your side of the
story, your desire to become well, and your overall candidacy for the
It is also important to note that even if you are accepted into a diversion
program, jail time can still be possible. Your progress and completion
of the diversion program must be carefully documented and if the court
finds that you have failed to meet your responsibilities as a participant,
they can enforce the jail time from your original charge.
If you or a loved one has been charged with an alcohol or drug-related
charge and is interested in participating in a diversion program, we invite
you to contact
The Law Office of Barney B. Gibbs today. Attorney Gibbs has handled more than 2,500 cases in our local court
system and knows what it takes to protect his clients’ rights and
interests both in and outside the courtroom.
Do not proceed without a proven Anaheim criminal defense attorney by your side.
Contact our firm at 888.594.0660 today.