Everyone convicted of a wet reckless or DUI in California must enroll in DUI school within 21 days of sentencing. Click here for a comprehensive listing of court-approved DUI programs broken down by city. 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:
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.
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.
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 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.
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.
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,
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 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 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:
"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.
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
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.
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.
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.
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.
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.
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.
If you have additional questions or would like to speak with one of our California DUI defense attorneys, please don't hesitate to contact us.
We have local DUI law offices in Los Angeles, the San Francisco Bay area, San Jose, Ventura, Orange County, Riverside, San Bernardino, and many other surrounding areas.
For information about Nevada DUI School, go to our webpage on Nevada DUI School.
California Directory of DUI School Service Providers-
Provides names and contact information for all court-approved, state-licensed California DUI programs.
1California Health and Safety Codes 11836 - 11838.11 set forth the requirements to which California DUI schools must adhere.
2California Vehicle Code 23103.5 -- Acceptance of guilty or nolo contendere plea to violation of [California Vehicle Code] § 23103 in place of charge for violation of § 23152 [VC]; statement by prosecution; duty of court; violations; effect. 23103.5 VC is commonly known as a California "wet reckless". It is an offense for which you can't be charged, but may only plead guilty to as a DUI reduction during a DUI plea bargain.
3California Health and Safety Code 11837.4 -- Licensing of [California DUI school] programs; required services and administrative components...("(b)(2)(A) The department shall approve all fee schedules for the programs and shall require that each program be self-supporting from the participants' fees and that each program provide for the payment of the costs of the program by participants at times and in amounts commensurate with their ability to pay in order to enable these persons to participate. Each program shall make provisions for persons who can successfully document current inability to pay the fees.")
4California Vehicle Code 23538 -- Conditions of probation for first time [California DUI] offense. ("(b)(1) The court shall refer a first offender whose blood-alcohol concentration [BAC] was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed [DUI school] program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.")
5See same, subdivision (b)(2) -- ("(2) The court shall refer a first [DUI] offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least nine months or longer, as ordered by the court, in a licensed [California DUI school] program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.")
6See above.
7See endnote 2, above. ("(f)(1) If the court places on probation a defendant convicted of a violation of Section 23103 that is required under this section to be a prior offense for purposes of [California Vehicle Code] Section[s] 23540, 23546, 23550, 23560, 23566, or 23622, and that offense occurred within 10 years of a separate conviction of a violation of Section 23103 [VC, reckless driving], as specified in this section, or within 10 years of a conviction of a violation of [California Vehicle Code] Section 23152 or 23153 [driving under the influence], the court shall order the defendant to participate for nine months or longer, as ordered by the court, in a [California DUI school] program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions. (2) The court shall revoke the person's probation, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in paragraph (1).")
8See same.9California Vehicle Code 23542 -- Conditions of probation for [California DUI] second offense. ("(b)(1) (1) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program [otherwise known as California DUI school] licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court.")
10California Vehicle Code 23548 -- Conditions of probation for third [California DUI] offense. ("(c) In addition to the provisions of [Vehicle Code] Section 23600 and subdivision (a), if the court grants probation to any person punished under Section 23546 [VC] who has not previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562, and unless the person is ordered to participate in and complete a driving-under-the-influence program [California DUI school] under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program [aka California DUI school] licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. See also
California Vehicle Code 23552 -- Additional conditions of probation for multiple [DUI] offenders. ("(c) In addition to the provisions of Section 23600 [VC] and subdivision (a), if the court grants probation to any person punished under Section 23550 who has not previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 [VC] or paragraph (4) of subdivision (b) of Section 23562, and unless the person is ordered to participate in, and complete, a program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll in and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence [California DUI school] program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court.")
11See endnote 9, above. ("(b)(2) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.")
12California Vehicle Code 23548 -- Conditions of probation for third offense. ("(b) In addition to subdivision (a), if the court grants probation to any person punished under Section 23546, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.
13California Health and Safety Code 11837.3 -- County program of alcohol and other drug education and counseling services. ("(d)(1) Any person required to successfully complete an alcohol and other drug education and counseling program [a California DUI school] as a condition of probation shall enroll in the program and, except when enrollment is required in a program that is required to report failures to enroll to the court, shall furnish proof of the enrollment to the court within the period of time and in the manner specified by the court.
14See same. ("The person also shall participate in and successfully complete the [California DUI school] program, and shall furnish proof of successful completion within the period of time and in the manner specified by the court.")
15See same. ("(2) An alcohol and other drug education and counseling program shall report to the court, within the period of time and in the manner specified by the court, the name of any person who fails to successfully complete the [DUI school] program.") See also
California Health and Safety Code 11837.4 -- Licensing of programs; required services and administrative components... ("(6) Each program shall establish a method by which the court, the Department of Motor Vehicles, and the person are notified in a timely manner of the person's failure to comply with the program's rules and regulations.")
If you or a loved one faces misdemeanor or felony charges, contact our California criminal defense attorneys for help. We'd be glad to meet with you for a free consultation at one of our local criminal law offices in Los Angeles, San Francisco, Van Nuys, Pasadena, Long Beach, Orange County, Rancho Cucamonga, San Bernardino or Riverside.
Newport Beach Office:
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5th Floor
Newport Beach, CA 92660
(949) 644-0600
San Francisco Office:
101 California Street
Suite 2450
San Francisco CA 94111
(415) 333-0300
Santa Ana Office:
500 North State College Blvd.
Suite 1100
Orange, CA 92868
(714) 288-9455
If you'd like further assistance...
Join us to discuss your DUI case at any of our
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