is convicted in a California court of a DUI or a “wet reckless” must
successfully complete a state-approved alcohol program. Both the court and the
DMV require completion of a program duly licensed under §11836 of the
California Health and Safety Code.
LENGTH OF
ALCOHOL PROGRAM
ALCOHOL PROGRAM
The length
of the required program depends on several factors including: whether you have
any prior DUI or wet reckless convictions within ten years of the date of the
current offense; whether you refused to take a blood or breath test after the arrest;
how high your blood-alcohol was; and whether you were convicted of DUI or wet
reckless.
For a wetof the required program depends on several factors including: whether you have
any prior DUI or wet reckless convictions within ten years of the date of the
current offense; whether you refused to take a blood or breath test after the arrest;
how high your blood-alcohol was; and whether you were convicted of DUI or wet
reckless.
reckless, you will only be required to take a six-week program—the shortest
available. This class meets once a week for about two hours for six weeks. As
with all the alcohol programs you will NOT be allowed to attend more than one
class per week. Also, it is a violation of class rules, and thus of your
probation, to attend a class while under the influence of alcohol or drugs. If
you smell of any alcohol expect to be ejected from the class and sent back to
court.
A
first-offense DUI will result in either a three, six or nine month program,
depending on your blood-alcohol level. In Orange County a blood-alcohol level
of 0.14% or lower will require only a three-month program. A blood-alcohol
level between 0.15% and 0.19% will draw a six-month program and a BAC of 0.20%
or greater gets the nine-month program. Also, first-offense DUI with a
“refusal” must attend a nine-month class (on top of the mandatory one-year
driver’s license suspension).
first-offense DUI will result in either a three, six or nine month program,
depending on your blood-alcohol level. In Orange County a blood-alcohol level
of 0.14% or lower will require only a three-month program. A blood-alcohol
level between 0.15% and 0.19% will draw a six-month program and a BAC of 0.20%
or greater gets the nine-month program. Also, first-offense DUI with a
“refusal” must attend a nine-month class (on top of the mandatory one-year
driver’s license suspension).
If you have
one or more prior DUI convictions within ten years of the date of arrest and
you are convicted of DUI then you will be required to finish the 18-month
alcohol program. This program meets twice a week.
one or more prior DUI convictions within ten years of the date of arrest and
you are convicted of DUI then you will be required to finish the 18-month
alcohol program. This program meets twice a week.
COST
You are
responsible for the costs of the alcohol program. These programs are private
companies who are in business to make a profit. The three-month programs cost
around $450.00, the six-month runs around $700.00 and the nine-month runs about
a thousand dollars. The 18-month program goes for around two thousand dollars
($2,000.00).
responsible for the costs of the alcohol program. These programs are private
companies who are in business to make a profit. The three-month programs cost
around $450.00, the six-month runs around $700.00 and the nine-month runs about
a thousand dollars. The 18-month program goes for around two thousand dollars
($2,000.00).
WHEN TO
ENROLL
ENROLL
Timing of
enrollment in the program can be tricky and should definitely a priority for
your DUI lawyer. You see, not only does the DMV suspend your driving privileges
when you are convicted of a DUI, they also issue a separate driver’s license
suspension if you lost the DMV hearing (“APS hearing”), which you most likely
did, or if you simply did not request an “APS” hearing. In most Orange County
cases the “DMV suspension” usually precedes the “court suspension”.
enrollment in the program can be tricky and should definitely a priority for
your DUI lawyer. You see, not only does the DMV suspend your driving privileges
when you are convicted of a DUI, they also issue a separate driver’s license
suspension if you lost the DMV hearing (“APS hearing”), which you most likely
did, or if you simply did not request an “APS” hearing. In most Orange County
cases the “DMV suspension” usually precedes the “court suspension”.
In any case,
you will want to enroll in the program before you become eligible for a
restricted driver’s license (if you are eligible for a restricted license). A
restricted license allows you to drive to and from the alcohol program, to and
from work, and any “work related” driving—driving within the course and scope
of work. Enrollment in an alcohol program is a requirement in order to get a
restricted license. Your DUI attorney should tell you when to enroll in the
program and provide you with the local program options well before enrollment
time.
you will want to enroll in the program before you become eligible for a
restricted driver’s license (if you are eligible for a restricted license). A
restricted license allows you to drive to and from the alcohol program, to and
from work, and any “work related” driving—driving within the course and scope
of work. Enrollment in an alcohol program is a requirement in order to get a
restricted license. Your DUI attorney should tell you when to enroll in the
program and provide you with the local program options well before enrollment
time.
PROOF-OF-ENROLLMENT/PROOF-OF-COMPLETION
At the time
of sentencing the court will order you, often through your DUI defense lawyer,
to enroll in the alcohol program within three weeks and to provide
proof-of-enrollment to the court. In Orange County the alcohol programs will
typically provide proof-of-enrollment to the court for you. The court will also
order you to provide proof-of-completion by a specific date.
of sentencing the court will order you, often through your DUI defense lawyer,
to enroll in the alcohol program within three weeks and to provide
proof-of-enrollment to the court. In Orange County the alcohol programs will
typically provide proof-of-enrollment to the court for you. The court will also
order you to provide proof-of-completion by a specific date.
Timely
enrolling in and successful completion of the alcohol program are terms of your
DUI probation. This means that if you don’t enroll on time or if you are kicked
out of the class for tardiness, disruptive behavior, sleeping, or being under
the influence of drugs or alcohol, you will be in violation of your probation.
When you violate your probation a judge must decide whether to impose some or
all of the jail time that is hanging over your head—usually six months for a
first-offense and a year of jail time for DUI with one or two priors.
enrolling in and successful completion of the alcohol program are terms of your
DUI probation. This means that if you don’t enroll on time or if you are kicked
out of the class for tardiness, disruptive behavior, sleeping, or being under
the influence of drugs or alcohol, you will be in violation of your probation.
When you violate your probation a judge must decide whether to impose some or
all of the jail time that is hanging over your head—usually six months for a
first-offense and a year of jail time for DUI with one or two priors.
If you would
like to speak with an experienced Orange County DUI defense attorney call The Law
Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
consultation. You can also reach us on our contact us page. Our main offices is
at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.
like to speak with an experienced Orange County DUI defense attorney call The Law
Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
consultation. You can also reach us on our contact us page. Our main offices is
at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.
