On August 7, 2017, Governor Brown signed SB 725 which amends Penal Code section 1001.80 regarding veteran’s diversion by adding subdivision (l) to take effect as urgency legislation.
Subdivision (l) now states: “Notwithstanding any other law, including Section 23640 of the Vehicle Code, a misdemeanor offense for which a defendant may be placed in a pretrial diversion program in accordance with this section includes a misdemeanor violation of Section 23152 or 23153 of the Vehicle Code. However, this section does not limit the authority of the Department of Motor Vehicles to take administration action concerning the driving privileges of a person arrested for a violation of Section 23152 or 23153 of the Vehicle Code.”
Under prior law, there was a split of authority between the California Courts of Appeal regarding whether veterans are eligible for DUI diversion. Which this change, veterans are now eligible for DUI diversion. But, DMV may still take administrative action and suspend the veteran’s license to drive.
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