San Rafael Military Diversion Lawyer

San Rafael Drunk Driving Defense Attorney Provides Legal Assistance for Military Members

Facing a DUI charge in San Rafael can lead to significant legal challenges. Marin County is known for its stringent penalties for drunk driving, and the District Attorney's office often takes a tough stance, even against first-time offenders. For military veterans or active members of the U.S. Armed Forces charged with DUI, there may be an alternative resolution available through California's military diversion program, which could mitigate the long-term consequences of the incident.

How a Lawyer Can Help With DUI and Military Diversion Cases

Navigating the legal process for a DUI charge, particularly when seeking eligibility for a military diversion, requires skilled legal advocacy. Attorney Paul Burglin can evaluate your eligibility, craft compelling arguments to demonstrate your suitability for the program, and provide focused legal representation throughout the process. A compassionate approach combined with in-depth legal knowledge ensures clients receive thorough representation aimed at achieving the best possible outcome.

Understanding California's Military Diversion Program for DUI Offenses

In 2015, California Penal Code Section 1001.80 was enacted, creating a diversion program for current and former members of the military charged with misdemeanors, including DUI. This program is designed for service members who may be experiencing post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), substance abuse, or other mental health challenges. Qualifying participants can complete a treatment program instead of facing a criminal trial.

The military diversion program is beneficial because it prevents the creation of a criminal record. Once participants successfully complete the program, the charges are dismissed, and even the arrest record is removed. This legal opportunity helps ensure the long-term personal and professional consequences of a DUI are minimized.

Military Diversions and Judicial Considerations

California law has clarified that eligible military members charged with misdemeanor DUI are entitled to seek military diversion under Penal Code Section 1001.80, even if Vehicle Code Section 23640 initially caused confusion. While this legal framework provides clear eligibility criteria, some courts impose additional judicially created conditions, such as disqualifying defendants based on prior convictions or other aggravating circumstances. These extra conditions are not required under the law, but they can present challenges for those seeking diversion.

The eligibility criteria for military diversion include:

• Current or former membership in the U.S. military.
• A misdemeanor charge.
• Evidence that the person may suffer from PTSD, TBI, substance abuse, sexual trauma, or other mental health issues.

The statute's use of the term "may" is critical. It does not require proof that the condition exists, only that it might exist. This distinction can significantly broaden access to the program.

Preparing a Strong Case for Military Diversion

While eligibility for the program is straightforward, demonstrating suitability to the court is more complex. Judges retain discretion when deciding whether to grant military diversion, even to eligible defendants. It is essential to present a detailed motion supported by comprehensive evidence of the individual's military background, mental health concerns, and other relevant circumstances.

An effective legal strategy might include presenting evidence of:

• The defendant's combat service and related experiences.
• Challenges faced after returning from deployment.
• Steps the defendant has taken to address mental health or substance abuse issues.

When the court is presented with a compelling narrative and supporting evidence, judges may be more inclined to approve participation in the diversion program.

Working With a San Rafael DUI Defense Lawyer

If you are a veteran or an active duty service member charged with misdemeanor DUI in San Rafael, having a seasoned attorney to represent you is vital. Attorney Burglin has substantial experience in the Marin County legal system, understands the nuances of the military diversion program, and knows how to construct arguments to persuade the court to approve eligible participants.

Attorney Paul Burglin has represented numerous motorists facing DUI charges in Marin County. He co-authors the authoritative legal guide, California Drunk Driving Law, which covers DUI case defenses, legal interpretations, and answers to countless DUI-related questions. His extensive understanding of the legal framework and dedication to achieving positive outcomes for his clients make him a trusted advocate in these cases.

Contact Our San Rafael DUI Lawyer Today

If you are a military member facing a misdemeanor DUI charge in San Rafael or elsewhere in Marin County, contact our office at 415-729-7300 to arrange a free consultation. Our office serves clients throughout Marin County and the San Rafael area, including Corte Madera, Novato, Sausalito, Larkspur, Mill Valley, and other nearby communities. Let us help you navigate the legal process and pursue a resolution that safeguards your future.