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Non completion of DUI program after failure to return after approved LOA, winded up with 7 days completed jail time (daughter)

Vista, CA |

She got an extension to re instate without prior credit, into the 18 mo program, but due to substance abuse issues she has been unable to complete or even enroll in course. She is now in a rehab treatment center and will likely face having to complete the 18 mo program, but as she cannot drive and has no stable living situation, how can this be facilitated and can some credit be received for her in patient stay. How long would she have now to complete the program, She was released last April in 2012, If she is declared to be incompetent due to mental health issues can this be waived.

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Attorney answers 4


The in-patient program cannot be used as credit for the DUI program. Sometimes it is used in lieu of jail, but never for the DUI program, so she will have to complete te program. She will need to find some way to make things work. If there is an incompetence claim in order to try and have it waived, it MIGHT work for court, but definitely not for DMV. DMV will then likely initiate a mental re-examination to determine if her license should just be revoked. In court, it could lead to concern regarding her mental state at the time of the plea, which could effectively nullify it and re-open the case.

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If the case would be reopened, what would this mean....and how long does one have to enroll in the 18 mo program after an extension is made....

Matthew Murillo

Matthew Murillo


As far as time on the extension, if the extension was already granted, the judge would have indicated a time frame with the new deadline. It varies. Call te court and ask the clerk for the new deadline if you don't have it. As for re opening the case, it nullifies the plea. Your daughter would have to be evaluated to see if there are any true mental capacity issues. If so, criminal proceedings are put on hold until mental capacity is regained. The problem is that re opening the case, could expose your daughter to more time in jail, or other increased consequences. Everything she has already done to comply with probation, may go out the window.


It may be possible to have the DUI program waived as a condition of probation on the court case. However, if she ever wants to drive again, she will have to complete it in order for DMV to issue her a license. Best of luck to you and your daughter.

Jasen Nielsen


Your daughter should contact her defense attorney in the case and discuss this situation. It may be possible to have the court order custody in lieu of the program, with the stint in rehab satisfying the custody commitment. Nevertheless, the attorney should keep the court up-to-date on these develeopments so your daughter's grant of probation is not violated while she's obtraining treatment. Also, the DMV will still require a program before your daughter can get her license returned.

Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381


Getting the program waived by the court still does not resolve the DMV requirement that she get back in the program, and finish it, to have her driving privileges fully restored.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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