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Complete the DUI program or else!

Those convicted of most DUI offenses will be required to attend and complete specified programs.  In addition, offenders may obtain a restricted license and cut short lengthy suspensions by enrolling in these programs.  Attendees must take these programs seriously to avoid 1) probation violation  and 2) dmv license suspension.

Here's what the law (VC 13352(e)(f) says on this subject: 

"the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.

(f) For the purposes of this section, completion of a program is the following:

 (1) Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program."

So----if a program participant misses classes, is behind on fees or otherwise violates the programs rules and regulations, the program will generally terminate the person and refer her back to court for further action.  A license suspension will generally not happen unless and until the program notifies DMV of the termination.  The program, in referring the person back to court, is in effect giving the person "another chance" before DMV is formally notified (when a suspension would be triggered).

Acordingly, take the re-referral opportunity very seriously since it will have drastic ramifications if the court is not properly persuaded to re-refer.

 

 

 

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MICHAEL L. SHULTZ, ATTORNEY AT LAW

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