Military diversion includes DUI offenses now that the legislature has passed and the Governor signed legislation stating that misdemeanor DUI cases, VC 23152 violations, are included as divertable offenses per Penal Code 1001.80. Appellate Courts in California were split on whether or not DUI cases were included because of an old statute prohibiting diversion in DUI cases. The California Supreme Court was to decide in October, but since the legislature has clarified the diversion statute, the matter is resolved.
Military diversion for DUI cases was ruled on by 2 different appellate courts in California, each with a different opinion. The issue has been whether or not military diversion per California Penal Code (PC) 1001.80 applies to DUI cases in California. PC 1001.80 was enacted by the legislature, took effect in January 1, 2015 and authorized individuals who are currently or had been in the US military a diversion for a misdemeanor resulting in dismissal rather than a criminal conviction.