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Can I sign up for dui classes if my case has not been filed ?

Pinole, CA |

I was arrested for a dui on dec 7, 2012(first and only offense). I appeared in court on Jan 23, 2013 only to find tht my case has not been filed. I had my DMV hearing on Feb 4, 2013 an the results stated that I can get my license back after 4 months if I completed a dui class and have to have an sr22 on file for 3 years. But I am not sure if can take the class with out a court order and if I can which length of time I should sign up for.

Attorney Answers 5


  1. Yes you can take the DUI class prior to the criminal case being filed. You can call the DMV mandatory actions unit to determine what length of class they will require.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  2. You can enroll in the alcohol class for DMV purposes. A Court Order is not necessary. The length of the class depends on your BAC level if it is a first offense. If the DA has rejected your case, there is likely a reason for it. If so, you may be able to request a Dismissal hearing with the DMV in order to remove that suspension.

    To find out if you should look into a Dismissal Hearing, you should speak with a couple of DUI lawyers in the area. Going that route may be more cost-effective, and better in the long run, than taking the program and getting SR-22 filed.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


  3. You only have to do the class if 1) you are convicted of DUI, or 2) you want to get a restricted license. Otherwise, if DMV suspended your license, but there is no criminal conviction, you only need to serve the suspension period and file the SR-22 for 3 years (again, unless you want to get a restricted). Having said that, some classes will let you enroll with the pink temp license, or a DMV H6 form (which you can get from DMV by going in and requesting one). Just keep in mind, if you enroll into the class to get the restricted, if you are convicted later in Court for DUI, DMV will make you take the class again, so you may not want to finish the class if you start it, because DMV will give you no credit if you already finished the class.

    Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.


  4. Yes. Most of the DUI schools I deal with want an H-6 printout from DMV before they will allow you to enroll. You'll also need to be certain you are signing up for the correct length of school. DMV may be able to help you at (916) 657-6525. Beware of counties that may require a 6 month DUI school though. DMV will likely only be able to tell you whether they will want a 3 month,9 month or 18 month school! You are probably best off finding a local DUI attorney through AVVO or California DUI Lawyers Association to be certain.


  5. First, you do not need to do the class to get your driver's license back. Your license was suspended for four months. If you enroll in the class, get an SR-22 (proof of liability insurance) on file with DMV and pay a fee, you can get arestricted driver's license after thirty days, but your license will then be restricted for several months. If you wait the four months, the suspension is over. Except, if you are ultimately found guilty of DUI or driving with a blood alcohol level of 0.08% or more, either through a plea or after trial, the DMV will suspend your driver's license again for six months. You can again immediately get a restricted driver's license. You do not need to wait for court action to enroll in the class. If your BAC was below 0.20%, then take the three month class. If it was over, concsult your DUI lawyer to know what to do.

    Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice. If you wish specific help in any criminal case in San Diego, contact www.sandiegodefenders.com for a free consultation. For help with any criminal case in Los Angeles County or the surrounding areas contact www.dslosangelescriminallawyer.com

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