Military Diversion in California DUI Cases: A Lifeline for Service Members With Mental Health Conditions
As a veteran myself, I am glad the law accounts for service-connected conditions for criminal cases. If you're an active-duty military member or veteran facing a misdemeanor charge—especially a first-time DUI—California law may offer you a second chance. Through a program called Military Diversion under Penal Code § 1001.80, eligible service members can get treatment for service-related mental health issues instead of a criminal conviction.
At Couzens Criminal Defense, we recently filed a successful motion for a service member charged with DUI. This client had no criminal history, was cooperative with law enforcement, and was diagnosed by the VA with mental health conditions linked to the client’s military service. Thanks to Penal Code § 1001.80—and supporting case law—we protected our client’s job and the client’s record while getting the client the treatment they needed.
Here’s how Military Diversion works and why courts across California are granting it in appropriate DUI cases.
What Is Military Diversion?
Penal Code § 1001.80 allows current or former members of the U.S. military to avoid a criminal conviction for most misdemeanor offenses if they are suffering from service-related mental health conditions such as:
PTSD
Traumatic Brain Injury (TBI)
Depression
Substance abuse
Sexual trauma
If granted, Military Diversion pauses the criminal case while the defendant participates in treatment. Upon successful completion, the case is dismissed and the arrest treated as if it never happened. (Pen. Code § 1001.80(k)(1).) If the client is already in treatment or counseling, the usual course of the diversion is that the Court will order completion of the DUI classes required by the Vehicle Code and continue with counseling as advised by the current treatment providers.
The goal is rehabilitation—not punishment—for those whose criminal conduct is connected to trauma sustained in military service.
Are DUI Charges Eligible for Diversion?
Yes. In 2017, the California Legislature amended Penal Code § 1001.80 to explicitly include DUI charges under Vehicle Code §§ 23152 and 23153 as eligible for Military Diversion. Lawmakers recognized that DUIs are often the most common criminal charge among veterans, frequently tied to self-medicating symptoms of PTSD or depression.
As noted in the Senate Bill No. 725 analysis:
“DUI's make up the most common offenses committed by veterans with mental health conditions—which is expected since self-medication is widely known to be connected to symptoms of mental health conditions like post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI). Any incentive that gets the veteran into treatment helps protect the public safety.”
This legislative intent was affirmed in Wade v. Superior Court (2019) 33 Cal.App.5th 694, where the court emphasized that DUI offenses cannot be categorically excluded from diversion based on public safety concerns:
“The Legislature's clear intent to make the pretrial military diversion program available to eligible, active duty military and veterans who are charged with driving under the influence... severely limits the trial court's discretion to deny military diversion for an eligible defendant on those grounds.”
(Wade, at p. 717.)
What Are the Legal Requirements for Military Diversion?
To qualify under Penal Code § 1001.80, the defendant must:
Be a current or former member of the U.S. military;
Be charged with a misdemeanor (DUI counts);
Suffer from a service-connected mental health condition, such as PTSD or depression;
Consent to treatment in lieu of prosecution.
Importantly, the statute does not require proof that the condition was a "significant factor" in the commission of the crime—unlike felony Veterans Court or diversion programs. For misdemeanors, the mere existence of a service-connected condition is enough.
Real-World Example: DUI and PTSD
In a recent case, our client was pulled over for a suspected DUI after running a red light and briefly crossing the lane line. There was no crash, no high speed, and no refusal to test. The client’s breath sample registered .13/.14—above the legal limit but not excessive.
This defendant:
Had no criminal history;
Was actively serving in the armed forces;
Was diagnosed by the VA with Mental Health Conditions as service-connected;
Was already engaged in self-help groups (AA) and completed a service sponsored alcohol treatment program.
These facts matched the legislative purpose of Penal Code § 1001.80 perfectly. We submitted documentation of the client’s diagnosis, military status, and rehabilitative efforts—arguing that the case warranted treatment over conviction. The Court agreed and suspended the case!
The Court’s Discretion and Public Safety
Some judges are hesitant to grant diversion in DUI cases due to concerns about public safety. But Wade v. Superior Court clarified that the Legislature already accounted for those risks when it amended the law to include DUI. The trial court may still exercise discretion, but that discretion is limited where the statutory criteria are met.
As Wade put it:
“The principles behind military diversion and the purpose of section 1001.80 … are rehabilitative, irrespective of the misdemeanor charged.”
(Wade, at p. 712.)
In other words, the law is designed to treat—not punish—service members facing DUI charges when mental health conditions are involved.
Call Couzens Criminal Defense if You’re a Veteran Facing Charges
If you're a veteran or active service member charged with DUI or another misdemeanor in California, you may be eligible for Military Diversion. But eligibility alone isn’t enough—you need someone who knows how to present your case, your service, and your mental health history in a way the court understands and respects.
At Couzens Criminal Defense, we proudly represent veterans throughout Roseville, Placer County, and the Sacramento Valley. We handle Military Diversion motions with care, discretion, and the legal precision they deserve. Protect your future. Honor your service.
Located in Roseville, CA
📞 Call us today at (916) 603-2000
