DUI Frequently Asked Questions

FAQs

• Can the DUI providers change the terms of my program?
  No. The DUI providers can only enroll you into the program that was ordered by the court.
• Do I have to pay for the DUI program?
  Yes. All providers post their program prices in advance and will explain their fee structure to you when you sign a contract with them.
• Do I still need to go to the appointments if I just pay for the entire program in advance?
  Yes. Most programs will not accept payment in full in advance of services. In any case, you must still complete all program requirements in order to receive credit for the program.
• What if I cannot afford the DUI program?
  All programs are able to conduct financial assessments and will offer you one when you first enroll in the program and at any other time you request it. Orange County programs offer extended payment plans for those who qualify. Additionally, participants who receive “General Relief/General Assistance” (GR) or whose income is the same or below the GR level are eligible for a discounted program rate for as long as they receive GR and can document their eligibility for the lower rate.
• Are the providers allowed to charge extra fees, such as cancellation, transfer, reinstatement fees, etc.?
  Yes. All provider fees are reviewed by the County and approved by the State Department of Health Care Services (DHCS). Providers are approved to charge administrative fees for cancellations, re-scheduling of appointments, no-shows, drug tests, reinstatements, duplicate forms and transfers. All fees will be disclosed to you in advance when you sign a contract with the provider.
• Are the providers allowed to hold my program completion letter if I haven’t paid all my balances due to them?
  Providers will report your program completion to the Court upon completion, even if you have a balance due. However, providers are allowed to delay your DMV proof of program completion certificate until you have paid your balance in full. For DMV purposes, if you still owe money to the provider, you have not completed your program.
• Do you offer an accelerated DUI program?
  No. There are no accelerated DUI programs in Orange County. All programs must be completed within the time stipulated by the program length.
• Can the providers terminate my program?
  Yes. The providers are allowed to terminate participants for intoxication and for inactivity after 21 days. Most providers also have additional termination rules, such as abusive behaviors, which are described in their contract.
• Can the providers transfer me to an out of County or out of State provider?
  Yes. You can ask your provider to be transferred within California anytime. However, to transfer out of State, you must first obtain approval from the Court. If the Court has not approved for you to transfer out of State, you will not receive credit for your program.
• What is a Leave of Absence?
  A leave of absence is an allowed suspension of your program, which does not count against you. When you are placed on a leave of absence, you are still considered a program participant, and the termination rules do not apply. Being on an approved leave of absence prevents you from being reported to the court as inactive. Participants can request reasonable leaves of absence for circumstances such as unavoidable trips, deployments, hospitalizations, incarcerations, and to some extent hardships. The leave must be documented, and the program has the ultimate discretion to determine if it is reasonable. If approved, the program will instruct you further on how to resume your program once your leave expires.
• If I get terminated from my program, what can I do to re-activate my participation?
  Once you are terminated from your program, the provider sends a notification of program termination to the Court. At this point, only the Court can allow you to reinstate into a DUI program. The Court may choose to take alternate action, at its own discretion. Program terminations can trigger warrants for arrest. If you are terminated from your program, it is in your best interest to go back to Court and request to be reinstated into the DUI program.
• If the Court reinstates my program, how long do I have to do it?
  You will have 2 weeks unless specified differently by the Court. If you fail to reinstate into the program by your deadline, a notice of failure to enroll will be sent to the Court.
• How can I get to the program if I don’t have transportation?
  There are 19 program locations in Orange County, and all have easy access to public transportation. You may also research other transportation alternatives, such as walking, cycling or ride services.
• How do I get my driver’s license?
  You must complete all Court orders and Department of Motor Vehicles (DMV) requirements in order to get your driving privileges back. You may ask the Court and/or the DMV about the requirements for a restricted license. The DUI programs have authority over your driver’s license.
• Can I complete the DUI program anywhere to meet the DMV requirements?
  You can complete the program anywhere in California to fulfill the California DMV requirements. However, the DMV will not accept out of State programs to satisfy the State of California. If you ever plan to drive again in California, it is in your best interest to complete a California approved program. Consult with the DMV for details.
• Can I complete the DUI program online?
  There are no approved online DUI programs. The DMV does not accept online programs, and Title 9 describes specific DUI program requirements, all of which occur in person.
• Can the DMV reject a certificate of completion if the Court ordered a shorter program than what the DMV requires due to BAC?
  Yes. The Court may order a program length other than what is required based on the BAC. However, the DMV has its own requirements. It is in the defendant’s best interest to obtain an H6 print out from the DMV prior to enrolling into a DUI program in order to ensure the correct program placement.
• Can the DMV over-ride the Court and deny the defendant’s driving privileges until the correct program has been completed based on the driver’s BAC and prior record?
  Yes. The DMV is mandated by the vehicle code to enforce penalties by the law.
• What should I do if I complete a shorter program than what is required by the DMV because the Court ordered it?
  You have the option of enrolling into the longer program as “volunteer”. Usually, this satisfies the DMV requirement, and the Court will not object to you completing a longer program. Some defendants chose to complete the shorter program first ordered by the Court and then enroll into the program required by the DMV. In this case, participants are usually able to receive some credit for the program they have already completed. The DUI program provider can assist you with your specific situation.