Proposition 36 & DUI Cases: Casting Too Narrow a Net
California Proposition 36 allows nonviolent drug offenders to participate in treatment programs rather than go to jail. Eligible defendants plead guilty to the underlying drug charge, and are then placed on probation and ordered to complete an outpatient program. If they do so and comply with the terms of probation, the drug case is ultimately dismissed.
But eligibility for Proposition 36 is laced with restrictions, one of which pertains to DUI charges. A person charged in the same complaint with both a nonviolent drug offense and a DUI does not qualify.
The restriction stems from language in Proposition 36 excluding "any defendant convicted, in the same case, of any misdemeanor not related to drugs or any other felony that is not a nonviolent drug possession offense." The California Supreme Court has found "misdemeanor not related to drugs" to include DUI charges.
Suppose, for example, that Tim gets pulled over and the cops find a small baggie of cocaine in his car. Normally he would qualify for Proposition 36. But if he's also charged with drunk driving, he does not. Unless he goes to trial and beats the DUI.
The "DUI exclusion" is unfortunate. DUI suspects who also possess or are under the influence of drugs probably need treatment as much as anyone, if not more so. Denying them the benefit of Proposition 36 defeats the policy goals and ultimately hurts everyone.
