A DUI arrest and/or conviction may result in a driver’s license suspension. The suspension may be a result of a DMV Administrative Per Se suspension (based on the arrest) and/or a suspension as a result of a DUI conviction.
Whether to obtain a restricted license, or regain full reinstatement of your driving privileges a DUI program/class will be required by DMV, or the court, or both. Programs are licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of California Vehicle Code §23542.
California Health & Safety Code §11836(a) provides as used in this chapter, “program” means any firm, partnership, association, corporation, local governmental entity, agency, or place that has been initially recommended by the county board of supervisors, subject to any limitation imposed pursuant to subdivisions (c) and (d), and that is subsequently licensed by the department to provide alcohol or drug recovery services in that county to any of the following:
(1) A person whose license to drive has been administratively suspended or revoked for, or who is convicted of, a violation of Section 23152 or 23153 of the Vehicle Code, and admitted to a program pursuant to Section 13352, 13352.1, 23538, 23542, 23548, 23552, 23556, 23562, or 23568 of the Vehicle Code.
(2) A person who is convicted of a violation of subdivision (b), (c), (d), or (e) of Section 655 of the Harbors and Navigation Code, or of Section 655.4 of that code, and admitted to the program pursuant to Section 668 of that code.
(3) A person who has pled guilty or nolo contendere to a charge of a violation of Section 23103 of the Vehicle Code, under the conditions set forth in subdivision (c) of Section 23103.5 of the Vehicle Code, and who has been admitted to the program under subdivision (e) or (f) of Section 23103.5 of the Vehicle Code.
(4) A person whose license has been suspended, revoked, or delayed due to a violation of Section 23140, and who has been admitted to a program under Article 2 (commencing with Section 23502) of Chapter 1 of Division 11.5 of the Vehicle Code.
FIRST OFFENDER PROGRAMS
WET RECKLESS (SB1176): Individuals convicted of a “wet-reckless” DUI offense must complete 12.75 hours of alcohol and drug education.
FIRST OFFENDER (AB803): Individuals age 18 to20 years convicted of a first DUI offense must complete 12.75 hours of alcohol and drug education.
FIRST OFFENDER 3- OR 4-MONTH* TREATMENT PROGRAM (AB541): Individuals age 21 and older convicted of a first DUI offense. Proof of Enrollment (DL107) may be sent electronically to the DMV to apply for a restricted driver’s license. * Depending on county location.
FIRST OFFENDER 6-MONTH TREATMENT PROGRAM (AB762): As ordered by the court and as a condition of probation, individuals age 21 and older convicted of a first DUI offense with a blood alcohol concentration of 0.20% or greater, convicted before Jan. 01, 2006. Proof of Enrollment (DL107) may be sent electronically to the DMV to apply for a restricted driver’s license.
FIRST OFFENDER 9-MONTH TREATMENT PROGRAM (AB1353): As a condition of probation, individuals age 21 and older convicted of a first DUI offense with a blood alcohol level of .020 or greater. Proof of Enrollment (DL107) may be sent electronically to the DMV to apply for a restricted driver’s license based on eligibility.
SECOND OFFENDER PROGRAMS
SECOND OFFENDER 3-MONTH TREATMENT PROGRAM (AB803): Individuals age 18 to 20 years convicted of a second DUI offense.
SECOND OFFENDER 12-MONTH TREATMENT PROGRAM (SB38): Individuals age 21 and older whose conviction date was prior to 1990.
SECOND OFFENDER 18-MONTH TREATMENT PROGRAM (SB38): Individuals age 21 and older whose conviction date was 1990 or later.
MULTIPLE OFFENDER PROGRAMS
MULTIPLE OFFENDER 30-MONTH TREATMENT PROGRAM (SB1365): Individuals age 21 and older convicted of a third or more DUI offense, or Court ordered to complete 158 hours consisting of education, group and individual counseling.
FACING YOUR DUI CHARGE
If you are facing a DUI, you should find a dui lawyer, the best dui lawyer.
Kenneth M. Hallum is a Santa Barbara attorney handling DUI cases exclusively and can answer your drunk driving questions, questions about the DUI arrest report, whether DUI reckless driving is an alternative or option, whether a driver’s license suspension, or a dui suspension can be avoided, or the specifics of a DUI trial. There are many issues Santa Barbara DUI lawyers must address. Facing a DUI alone is not an option you want to take. There are serious ramifications to dealing with the legal system that will impact your life if not handled correctly. It is best to obtain the services of a highly experienced DUI defense attorney to handle the proceedings for you. Each case is unique with an individual set of facts, mistakes, and legal arguments, and most important each case has a unique individual component – YOU.
When the evidence “seems” overwhelming, that is when you need a DUI attorney dedicated to DUI defense in order to make sure that every possible issue and defense is explored! Trials can be won, and cases can be dismissed, and Attorney Kenneth M. Hallum is dedicated to that goal. With an extensive law enforcement background he is a best bet for a strong and aggressive DUI defense lawyer.
Contact Kenneth M. Hallumright away! Know your Rights, Options, and Defenses.