I received a DUI at the end of May, and my name was not on the court schedule the day I promised to appear (I received verification that I did appear on the correct day, despite the fact that my case was not filed yet). My license has already been suspended by the DMV, so I was wondering I can enroll in a DUI offender program in order to satisfy the requirements to receive a restricted license.
I have a copy of my H-6, but I am on the borderline of needing to enroll in a 9 month program, with a .19 BAC. Would I be safe enrolling in first offender 6 month program?
You can try. Bring the DMV suspension docs with you. Some programs want the sentence sheet, but since you clearly don't have that, bring something that shows you NEED to be in the class. And you do, since you can't get a restricted license without proof of enrollment.
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Yes, the DUI programs in contra Costa county are aware the DMV actions almost always occur before the DA files charges. Bring your B-52 and they should allow you to enroll. Watch your mail and periodically check with the court because charges will be filed and if you fail to appear, regardless of whether you have notice, you will have additional problems.
I have had clients enroll in an alcohol school program on a voluntary basis prior to a DUI conviction in cases similar to yours. Then if there is a DUI conviction, it is possible for the court to give credit for the program completed after the arrest date for which you were convicted of. There can always be problems with this. First, if you enroll in a 3 or 6 month program, but the court requires you to do a 9 month program, unless you work something out with the school, you may have to do the whole 9 month program over. Second, there can be issues with the court accepting the program. If you try it, be sure it is through a court approved program. Third, there can be complications through DMV of getting credit towards a DUI conviction suspension for time that you had a restricted license. In short, I would recommend that you hire a DUI defense attorney to handle your criminal case if you have not already. That attorney should then be able to assist you in the murky waters of DMV land and the Court that your matter will be in.
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Most DUI class providers will allow an individual to start a program with an H6 printout. The safest way is to talk to the provider to ask that you can start the 3 month program and if it turns out that you are required to have a 6 month program, that you can extend it. The best thing to do is to consult an experienced DUI attorney in the area where you were arrested because there may be defenses to the high blood alcohol level, and in some counties, the only requirement is a 3 or 9 month program. In essence, 3 months if it is under a .20 BAC, 9 months if .20 or higher. Don't guess and consult.
Each case is different but if you did not request a DMV hearing and your license is already suspended, if you would like to get your license back on a restricted basis after 30 days of no driving, your only choice is to enroll in the first offender program the 3 month program will sufficient since your BAC result was below .20. You will also need an SR-22 form filed and be prepared to file an SR-22 form with an insurance company and pay a reissue fee. This will clear the suspension converting it to a restricted license for 5 months; however if you get convicted in court a separate suspension will occur based upon the conviction. Points against your license will also be assessed. It's best to consult with a qualified lawyer, even if you plan to resolve the matter.