Rules and Requirements of the California DUI Program

Alcohol, drug, and substance abuse present threats to not only the abuser but also to people around him/her. This is nowhere more evident than in DUI or “driving under the influence” (of alcohol and/or drugs) cases.

Consuming alcohol and drugs impairs a person’s ability to drive properly, presenting risks not only to themselves, but also to the people on the road. Thus, it is imperative that drivers convicted of DUI charges are made to understand the implications of their rash behavior and to simultaneously be educated on the responsible use of alcohol and drugs.

California Department of Alcohol and Drug Programs

A DUI program is actually an alcohol and drug program that seeks to create healthy and safe roads by promoting knowledge about the healthy use of alcohol, tobacco, and other drugs. Such a program also seeks to remove instances of harmful use of such substances and thus eliminates the possibilities of high-risk behavior among drivers under the influence of these substances.

The California Department of Alcohol and Drug Programs (ADP) (see http://www.adp.ca.gov/) came into being through an act of the California Legislature in 1978. ADP then conjoined the Governor’s Office of Alcoholism and the Division of Substance Abuse under the California Department of Health to form a single state body dealing with substance abuse treatment and prevention.

In November 2000, Proposition 36 of Substance Abuse and Crime Prevention Act (SACPA) made it mandatory that first and second time non-violent adult drug and alcohol offenders will no more be incarcerated. They shall instead receive treatment to cure any dependency problems, thus reducing the risk of a repeat offense.

The ADP also looks after all California DUI programs that have been formulated to deal with persons convicted of DUI charges. The DUI Program Branch operates under the Office of Criminal Justice Collaboration. ADP presently has 472 licensed DUI programs throughout the 58 counties of California.

In California, DUI laws dictate that an offender is ordered by the court or the Department of Motor Vehicles to attend a mandatory DUI program to assess his/her dependency problem and obtain treatment. This is necessary for the convicted driver to reclaim his driving privileges and, thus, forms a mandatory condition of a DUI probation sentence.

California DUI Program Levels

The 12-Hour Alcohol School is the first level of education. It is ordered only to someone who has been convicted of a crime that is less than a DUI charge (for example, “wet reckless” or alcohol related reckless driving). However, keep in mind, that if you have been charged with alcohol related reckless driving and the Department of Motor Vehicles has suspended your driver’s license, then just completing the 12-Hour Alcohol School may not suffice. Your lawyer in the case will be able to guide you better.

The 12-Week Alcohol School is the conventional alcohol education and substance abuse treatment program for a first time DUI offender in California. As per the rules of the School, you must attend one 3-hour long sessions every week for 12 weeks. This means that you will need to complete 36 hours of coursework. Completing this program makes you eligible for a restricted license, which is permission to drive only to and from work or school.

First time DUI offender programs require that the convicted driver completes a state-licensed three or nine month program depending on his/her blood alcohol concentration (BAC) level at the time of the offense.

It is worth mentioning here that you do not need a court order to get admitted to a first offender DUI Program. You can approach the Department of Motor Vehicles in person and obtain a Form H6. Fill it out and take it to a DUI School of your choice.

Second time and subsequent DUI offenders in California are ordered by the court to complete a program at the 18-Month Alcohol School. It is worth noting here that, in California, the washout period for past DUI convictions is seven years, from the date of the previous crime to the date of the present crime.

The DUI program at the 18-Month Alcohol School is divided into quite a few stages. A program, however, typically demands attendance every week in the earlier stages and then progresses to attendance on alternate weeks.

The 30-Month Alcohol Program is a special program meant only for third time and subsequent DUI offenders. In most cases, this program is ordered for multiple offenders involved in certain special circumstances of DUI violations. You need to approach the court and obtain an order before you are allowed to attend a multiple offender DUI Program.

If you have been ordered to attend a DUI Program, you may take a look at this document that contains a directory of DUI Program service providers at http://www.adp.cahwnet.gov/Criminal_Justice/DUI/pdf/DUI_dir2007.pdf.

Rules of a California DUI Program

The durations of the programs, the curriculum, and the fees vary across the many California DUI education schools. However, you need to get admitted into one within 21 days of your DUI sentence. After you have completed a DUI Program, you must submit evidence of your program enrollment and completion within the dates specified by the judge. Otherwise, you may be issued a bench warrant or be charged with violating a DUI probation law.

A California DUI School does not allow you to fast track a program; that is, complete a program faster. For instance, a program cannot be completed by attending three sessions in a week instead of one. You also need to complete a required minimum hours of the program.

If you fail to complete a DUI program or are expelled from one, the school will inform the court, and you will be issued an arrest warrant for violating a probation requirement. Failing to complete your DUI program also means that you lose a chance of retrieving your driver’s license from the Department of Motor Vehicles.

You may, however, request a leave of absence from the program by producing tangible evidence; you will not be expelled then. You may be charged extra for each session that you have missed.

Effects of a California DUI Program

Research carried out by the University of California, Los Angeles (UCLA) has proven that implementing DUI programs has brought down incarceration costs significantly. Statistics garnered from surveys also prove that after attending a DUI program, the number of repeat DUI offenses has decreased dramatically in California.

DUI programs are designed to allow participants to consider attitudes and behaviors related to the use of alcohol and drugs, bring about positive lifestyle changes, and decrease the use of alcohol and drugs. The success of California DUI Programs speaks for itself: reduced accidents involving drunken drivers and safer roads for one and all.