VanVleck

—These consolidated appeals raise the issue of whether Vehicle Code section 23640 (section 23640) prohibits military diversion pursuant to Penal Code section 1001.80 (military diversion statute) for defendants charged with driving under the influence offenses. We conclude military diversion is not available for defendants charged with driving under the influence offenses in violation of sections 23152 and 23153.

FACTUAL AND PROCEDURAL BACKGROUND

The People charged Kyle Warren VanVleck with misdemeanor violations of driving under the influence of alcohol and driving while having a measurable blood-alcohol content of 0.08 percent or more (§ 23152, subds. (a), (b)). He moved to be placed in a military diversion program pursuant to the military diversion statute, which provides for pretrial diversion where the defendant (1) is charged with a misdemeanor; (2) “was, or currently is, a member of the United States military”; and (3) “may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service.” (Pen. Code, § 1001.80, subd. (a)(1)—(2).) VanVleck claimed he was…