DUI, NOW WHAT:
Bail Bond:
What is Bail?
Bail is a process through which an arrested DUI / DWI suspect pays a set amount of money to obtain release from police custody, usually after booking. As a condition of release, the suspect promises to appear in court for all scheduled criminal proceedings — including arraignment, preliminary hearing, pre-trial motions, and the trial itself. If the suspect fails to appear in court as scheduled, he or she will be subject to immediate arrest, and any bail amount paid will be forfeited.
How is Bail Set?
If a DUI suspect does not obtain release by paying bail immediately after booking, a judge may make a bail decision at a separate hearing, or at the arraignment. Regardless of the timing, the bail amount may be pre-determined (through a “bail schedule”), or the judge may set a monetary figure based on:
• Suspect’s DUI record and driving history;
• Seriousness of the DUI offense, in terms of injury to others
• Suspect’s ties to family, community, and employment.
If You Cannot Afford Bail: Bonds and Bond Agencies
A DUI suspect (or the suspect’s friends and family) may put up the full bail amount as set by the court, or a “bond” may be posted in lieu of the full amount. A bond is a written guarantee that the full bail amount will be paid in the event that the suspect fails to appear as promised. A bond is usually obtained through a bail bond agency that typically charges a fee in exchange for posting of the bond (usually about ten percent of the bail amount). Bail bond agencies may also demand additional collateral before posting a bond, as the agency will be responsible for paying the full bail if the suspect “jumps bail” and fails to appear as promised.
Lawyers:
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You’ve been arrested on a DUI charge. Now what do you do? Although most people will recommend that you hire a lawyer to represent your best interests many people do not do so, often because of shame and embarrassment. Whether or not you hire a lawyer can have a big impact on your case so you may want to think carefully before making a decision. If you do decide to hire a DUI lawyer there are several things to consider so that you find the best lawyer possible to represent you.
Because DUI laws vary among each state , hire a lawyer that has expertise with the laws in the state where you were arrested. Also, hire a lawyer that specializes in DUI cases. Depending on where you live you may not be able to find a good lawyer that practices DUI law exclusively, but look for a lawyer who spends at least half of his or her time handling DUI cases. It may be tempting to hire your local lawyer who deals with a veritable buffet of issues such as DUI’s, divorce, wills, and bankruptcy, etc. but DUI law is extensive and continually changing so you will likely be much better hiring a specialist in DUI.
Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case.
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Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience.
The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer.
Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you.
A few questions you may want to have on the list you make are:
1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)
2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)
3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).
4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)
These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire
DUI Classes: (http://www.shouselaw.com/california-dui-school.html)
Everyone convicted of a wet reckless or DUI in California must enroll in DUI school within 21 days of sentencing.
Everyone convicted of a wet reckless or DUI in California must enroll in DUI school within 21 days of sentencing. Most programs will not allow you to enroll unless you have an order from the court, or a notice of license suspension from the DMV.
Successful completion of a DUI alcohol / drug education program is usually imposed as a requirement if you get convicted and placed on probation. The purpose of DUI school is (1) to reduce the number of repeat DUI offenses, and (2) to give students an opportunity to address any issues that they may have relating to alcohol and/or drug use.
Currently, California offers seven types of state-licensed DUI programs at more than 200 different facilities. Each DUI school runs for a designated length of time and must adhere to a specific state-approved curriculum.1 Each facility is privately operated, and providers are located throughout the state. Which program the judge will order you to take will depend on your specific DUI offense.
Fees and class schedules vary by class provider, so it is a good idea to contact a variety of schools so that you can choose the one that is best for you. It should also be noted that not all providers offer all classes.
In this article, our California DUI defense attorneys will provide a comprehensive guide to understanding California DUI school by detailing the following:
First-Time California DUI School Programs
The 18-Month Second-Time DUI Offender Program
The 30-Month Multiple DUI Offender Program
Showing Proof of Enrollment in DUI School to the Court & DMV
Bench Warrants & Probation Violations for Failing to Comply
What if I Live or Move Out of State?
If, after reading this article, you have additional questions, we invite you to contact us. In addition, you may also find helpful information in our related articles on DUI Probation, DUI Penalties, Vehicle Code 23152a Driving Under the Influence, and Vehicle Code 23152b Driving with a Blood Alcohol Concentration (BAC) of 0.08% or greater.
First-Time DUI School Programs
Five of the seven California drug / alcohol education programs are for first-time DUI offenders. These DUI programs consist of two twelve-hour programs, a three-month program, a six-month program, and a nine-month program.
It is important to understand that these classes are imposed regardless of whether you are convicted of California Vehicle Code 23152a driving under the influence, or Vehicle Code 23152b Driving with a BAC of 0.08% or greater.
Below is a brief description of each of these California DUI schools.
The Twelve-Hour DUI School for Wet Reckless Convictions
California’s twelve-hour DUI school (also known as SB 1176) is reserved for those convicted of a first-time California “wet reckless” offense.2 It should be noted that one of the advantages to negotiating for a wet reckless during a DUI plea bargain is that it only carries a twelve-hour alcohol program instead of a three-month, thirty-hour program.
The twelve-hour program consists of six weekly two-hour classes. If you miss more than two consecutive or three total classes, the program administrator will dismiss you from the program for noncompliance.
It should be noted that you must make up any classes that you miss. When we say that you may miss a certain number of classes, it means you are permitted to miss…and then make up…those classes. Once you exceed that limit, you will be dropped from the class if you miss any additional classes. This rule pertains to all California DUI school programs.
The cost of this course typically averages about $240. It should be noted that although every DUI school has an enrollment fee, fees may be waived if you can prove that you are unable to pay the required amount.3
The Twelve-Hour Underage Drinking Program
The program for minors under 21 with a California DUI (also known as AB 803) is also a six-week, two-hour-a-week course. If you are 18-20 years old and are convicted of a first-time DUI, you must complete this class.
The cost of this class is roughly the same as the twelve-hour wet reckless class, though it may be slightly higher.
The Three-Month First-Time DUI Offender Program
This is the most common first-time DUI school. The judge will order you to attend this California DUI school (commonly referred to as the AB 541 class) as a probation requirement for a standard first-time DUI offense.4
If your blood alcohol concentration was 0.20% or higher, the judge may alternatively order that you attend a nine-month DUI school (described in more detail in the “Nine Month First-Time DUI Offender Program” section below).5
A three-month California DUI alcohol / drug program consists of 30 hours of instruction. While classes and programs vary, depending on the provider, you can expect to attend between 10-15 classes. This is usually one meeting per week, for three to four months.
The education portion of this DUI school may consist of lectures, videos, and group discussions about California DUI laws, drug abuse and “problem” drinking. While most of the counseling you receive will be in a group setting, you will receive some one-on-one counseling as well.
According to the California Department of Alcohol and Drug Programs, the three-month program is designed to “enable participants to consider attitudes and behavior, supportive positive lifestyle changes, and reduce or eliminate the use of alcohol and/or drugs.”
During the individual counseling / interviews, you are expected to actively participate. With respect to the educational components and group counseling sessions, you are not required to actively participate. This goes for each of the seven programs offered at California DUI schools.
Before your DUI school instructor will drop you, you may miss a total of five classes. The cost of this class is about $550.
The Six-Month First-Time DUI Offender Program
Also known as the AB 762 program, this is an older program. In 2005, this six-month DUI school basically turned into the current nine-month program. If you were convicted prior to 2005 and, for whatever reason, never completed a six-month court-ordered program, a judge could order you to do so if you are placed before the court for a DUI probation violation.
A judge could also order this six-month California DUI school if he/she believes that you require more than a three-month program but perhaps doesn’t think a nine-month program is justified. This may be the case if, for example,
• your BAC was in the 0.15-0.19% range,
• you are young and the judge wants to make an impact, or
• you caused an accident while you were DUI.
The cost of this six-month DUI program is about $880. You are permitted seven absences before your provider will expel you from the course.
The Nine-Month First-Time DUI Offender Program
The judge will order you to attend a California nine-month DUI school (also known as AB 1353) if (1) you are a first-time offender whose BAC was 0.20% or higher6, or (2) you get convicted of a wet reckless and have previously suffered another wet reckless or DUI conviction within a ten-year period.7
This 60-hour class also consists of group education and counseling sessions, as well as individual therapy.8 Like the six-month program, you are permitted a total of seven absences before the provider will drop you from the program. The cost of this DUI school is about $1,200.
The 18-Month Second-Time DUI Offender Program
The 18-month program (also known as SB 38) is required for most second-time DUI offenders.9 However, if you have suffered your third or subsequent DUI offense, and never “graduated” from this DUI school, the judge may order you to do so.10
The education curriculum typically consists of lectures, group discussions, videos about California DUI laws, and drug and alcohol abuse. During the therapy sessions, the instructors encourage you to identify any drug and/or alcohol problems that may affect you…and suggest ways to change those behaviors.
Regardless of where in California you attend this class, it consists of:
• 52 hours of group counseling,
• 12 hours of alcohol/drug education,
• 6 hours of community reentry monitoring, and
• bi-weekly interviews during the first year of the program.
“Community reentry monitoring” is a way that the program transitions you back into “normal” life. It provides an opportunity for you to move away from the rigorous California DUI school requirements and to find and participate in self-help programs…Alcoholics Anonymous for example. During this time, your provider may also help you with job placement if necessary.
The cost of this 18-month DUI school averages about $1,530. You may miss a total of ten classes before the provider may drop you from the course.
The 30-Month Multiple DUI Offender Program
Currently, Los Angeles County and Stanislaus County are the only counties that offer a 30-month program (otherwise known as SB 1365). The judge may order you to attend this program if (1) you have a particularly high BAC on a second-time DUI offense11, or (2) you suffered a third or subsequent DUI offense.12
This 30-month DUI school consists of
• 78 hours of group counseling,
• 12 hours of alcohol/drug education,
• 120-300 hours of community service, and
• frequent individual therapy sessions.
You may miss a total of 15 classes before the provider will report you for noncompliance. The cost of this program is about $3,400.
Miscellaneous Information about California DUI School
Perhaps the most important point to address about DUI school is the fact that you may be expelled and dropped from a class if the instructor believes that you are attending class while you are under the influence. Not only will this delay or prevent you from obtaining a restricted license, it could also subject you to a DUI probation violation.
A “restricted” license is a license that allows you to drive to/from work, school, and/or your court-ordered DUI school even while your license is otherwise suspended or revoked. The California DMV will only issue you a restricted license if you show proof that you are enrolled in DUI school.
Similarly, if you are disruptive to the class or the instructor believes you pose a threat to him/her or to any other students, you will be dropped from your DUI program.
Showing Proof of Enrollment in DUI School to the Court & DMV
When the judge imposes California DUI sentencing, he/she will order that you show “proof of enrollment” in your DUI school before a designated date.13 By law, you must enroll in the requisite program no later than 21 days from your DUI sentencing. Once you enroll in your driving under the influence program, the provider will typically send a proof of enrollment certificate to the court and the DMV on your behalf.
Proof of completion
The judge will also order you to complete your DUI school by a specific date.14 Similar to a proof of enrollment certificate, your provider will provide the court and the DMV with a certificate of completion when you successfully complete your course.
If you fail to complete your court-ordered alcohol/drug education program, the judge will likely issue a California bench warrant for your arrest and sentence you for a DUI probation violation.
Bench Warrants & Probation Violations for Failing to Comply
If you fail to attend your DUI school or fail to abide by its terms, the program administrator will relay that information to the judge.15 When the judge is notified that you are not in compliance with your court-ordered DUI school requirements, he/she will typically issue a California bench warrant for your arrest.
Once officers place you before the judge, he/she will set a DUI probation violation hearing, which subjects you to an additional jail or prison sentence.
It should also be noted that once this information is reported to the DMV, the DMV will revoke your “restricted” license and reinstate your suspension or revocation.
What if I Live or Move Out of State?
If you live in California but must leave for military duty, you may request a leave of absence from your program. Once you return to California, you will be permitted to pick up where you left off. You must still complete your court-ordered DUI school before this probation requirement is satisfied.
If you are an out-of-state resident arrested for a California DUI, or you plan to move out of state, you still must litigate your DUI court case in the county where the incident took place. But if the judge orders you to attend DUI school, you may be able to satisfy the requirements in your (new) home state.
The judge must approve an alternative out-of-state program, and the curriculum must be at least as comprehensive as California DUI school. But beware: Even if the court permits you to do your DUI program out-of-state, the alternate program may not satisfy the California DMV. This may trigger an extended drivers license suspension in your home state.
Consult an experienced California DUI defense lawyer…he/she can advise you on the best course of action.
MADD Classes: (http://www.sandiegodwi.com/sandiego-madd-impact-panels.php)
In San Diego County, victim impact panel attendance is usually available only to first time DUI offenders. In some cases, the hours spent attending an impact panel can be credited as time served or applied toward community service fulfillment, depending on the sentencing terms outlined by the court.
Court mandated attendance is typically ordered by the presiding judge in a DUI case, but sometimes at the direction of a probation officer or miltary base commander, as well. Once sentenced, the defendant will be prescheduled by the court or other authority as to when and where to attend the Victim Panel presentation and notified of the predetermined location, date, and time both verbally and in wiriting. At the conclusion of the delivery, MADD representatives issue compliance letters to court ordered attendees. Absentees and no-shows must return to the presiding court for alternative sanctions, or sentencing.
If you fail to complete conditions of your DWI sentence or probation, including VIP attendance, a warrant will be issued for your arrest. Any attendee under the influence of alcohol or drugs will be asked to leave.
(http://www.sandiegodwi.com/sandiego-madd-impact-panels.php#vip-schedules)
location language day / week time
chula vista court
jury lounge
500 third avenue
chula vista, ca 91910
(south bay
regional center) English 3rd Tuesday of Month 4:45 p.m.
Spanish 4th Tuesday of Month 4:45 p.m.
el cajon court
jury lounge
250 e. main street
el cajon, ca 92020
(east county
regional center) English 3rd Thursday of Month 4:45 p.m.
san diego court
hall of justice
jury lounge
330 w. broadway
san diego, ca 92101 English 2nd Tuesday of Month 6:00 p.m.
Spanish 3rd Wednesday of Month 6:00 p.m.
vista court
jury lounge
325 south melrose
vista, ca 92083
(north county
regional center) English 4th Wednesday of Month 4:45 p.m.
Spanish 4th Wednesday of Month 4:45 p.m.
San Diego County VIP Information Hotline: 760.871.2008
Court Houses:
Insurance Increase
How to Stay Safe (http://www.dmv.org/ca-california/automotive-law/dui.php)
Know the law:
• A urine, breath, or blood test measures your blood alcohol concentration (BAC). Illegal limits are:
o 0.08% and above for most drivers
o 0.04% for commercial driver license (CDL) holders
o 0.01% and above for those younger than 21 and those on probation for a DUI
If the officer suspects you’re on drugs, you’ll have to take a blood or urine test.
Penalties:
• Penalties for DUI are very stiff. On a first conviction you might:
o Be sentenced to up to six months in jail.
o Fined anywhere between $390 and $1,000.
o Pay a “penalty assessment” equal to approximately three times the amount of your fine.
o Lose your driver’s license for six months.
o Be required to complete a DUI program. Depending on your BAC, you might have to enroll in a program that lasts as long as nine months.
o Pay a reissue fee of $125 to have your driver’s license reinstated.
o File an SR-22 (proof of financial responsibility) with the DMV.
• Ignition Interlock Law
Ignition interlock devices are required for all first-time and repeat DUI offenders in the following counties: Alameda, Los Angeles, Sacramento and Tulare.
Subsequent Convictions
If you are convicted of a second or third DUI, you will lose your license for two to four years. Once the revocation period has ended, and you have completed a nine-month DUI course, you may be permitted to drive a vehicle as long as it has an ignition interlock device (IID) (you have to blow an alcohol-free breath into the IID to start your car). You will not be granted a restricted license allowing you to drive to and from the DUI course.
If someone gets injured or killed, you could be tried under the California Three Strikes law (meaning jail for 25 years to life), as well as be sued in civil court. You’ll also have an administrative hearing with the California DMV, face higher fines, and lose your license for up to four years.
Underage Drivers
Penalties for underage DUI are stiffer. Unless you are employed by someone who is licensed to sell alcohol, and are carrying a closed and sealed container in the course of your employment, it is illegal for a minor to have any alcohol in their vehicle―even in a closed container―unless you’re accompanied by a parent or guardian.
Underage BAC Limits
A BAC reading of 0.01% or higher gets you arrested and your license confiscated. You’ll get a 30-day temporary license and your regular license suspended for one year. This is before the court penalties that will be imposed upon a DUI conviction.
Restricted License
If this is your first DUI conviction and you are enrolled in a DUI program as ordered by the court, you may apply for a restricted license that will allow you to drive to and from work and to and from your DUI program classes.
Alternative Transportation:
Designated Driver