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Marin County, CA Adult DUI Program

Marin County bay area DUI defense lawyer

Alternative Sentencing Option for Repeat DUI Offenders in San Rafael

The Marin County District Attorney is now accepting some DUI offenders into the Adult Drug Court Program. This is an option for some repeat offenders who wish to avoid a harsher punishment and simultaneously get treatment and monitoring to help them recover from alcoholism and/or drug addiction. Typically, the individual agrees to participate in a minimum six-month intensive outatient treatment program, followed by six additional months of monitoring. There is a comprehensive assessment and supervised case management.

The following are the three paths to admission into this program for DUI offenders:

  • New DUI case;
  • Violation of Probation on an old DUI case; or
  • Modification of Probation on a DUI case;

The eligibility criteria are as follows:

Eligibility Criteria

Any charge not otherwise disqualified in which a significant underlying cause of the defendant's criminality is drug or alcohol dependence.

Eligibility exceptions will be reviewed by the prosecutor's office on a case-by-case basis.

Only the charges listed under "Dismissal" will be dismissed upon completion of the program.

Factual Disqualifiers

Reasons for disqualification from Drug Court include, but may not be limited to:

  • Not a Marin County resident
  • Criminal record of significant violence
  • Criminal record of sex crimes or child molestation
  • Significant current or past history of possession of weapons
  • Charges of manufacturing of controlled substances
  • Active confidential informant
  • Documented gang member
  • Hold from another jurisdiction
  • Cannot be treated locally or requires a higher level of treatment
  • Not capable of actively participating in the program

Discretionary Issues

The prosecutor will use the following discretionary eligibility criteria on a case-by-case basis:

  • Current small quantity sales charges
  • Current small quantity transportation charges
  • Current small quantity cultivation
  • Significant criminal record of drug sales
  • Significant criminal record of drug transportation
  • On active parole
  • Prior strike conviction within five years

Dismissal

ONLY the following charges will be dismissed upon ADC graduation:

  • HS 11350
  • HS 11357
  • HS 11358
  • HS 11360
  • HS 11364
  • HS 11365
  • HS 11368
  • HS 11377
  • HS 11550
  • BP 4140
  • BP 4324
  • HS 11173
  • HS 11174
  • PC 381

Other charges will not be dismissed, but jail may be permanently stayed (except for mandatory sentences), or probation may be terminated early. Priorable charges will not be dismissed. Dismissals will only be upon the motion of the prosecutor.

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