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Dave Jake Schwartz, Attorney at Law, PO Box 5604, Santa Rosa, CA 95402, 707-480-3383
Sonoma County DUI & DMV Phone Consultations Free from 5 a.m. to 6 p.m. Every Day

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HOME PAGE   ANATOMY OF A DUI   TEN TIPS   BUST CARD   BEST LINKS   ABOUT JAKE  

TEN TIPS FOR EASING THE CONSEQUENCES 
OF A SONOMA COUNTY DUI

1. Court Appearances	6. Court Probation
2. Driver License	7. Jail Alternatives
3. Insurance	8. Job Effects
4. DUI Classes	9. Fix Triggers
5. Court Fines	10. Expungement

1.     COURT APPEARANCES

DON'T GO TO COURT FOR A DUI. 
IT IS MUCH EASIER FOR YOU IF YOU DO NOT HAVE TO TAKE TIME OFF WORK AND ATTEND A STRESSFUL AND CONFUSING APPEARANCE IN SONOMA SUPERIOR COURT IN SANTA ROSA IF WE DETERMINE THAT THERE IS NO OTHER REASON FOR YOU TO ATTEND. IN SONOMA AND NAPA COUNTY YOU ARE NOT REQUIRED TO ATTEND A COURT OR DMV HEARING WITH YOUR ATTORNEY UNLESS THERE IS A SUBSTANTIAL HEARING WHERE EVIDENCE IS TO BE FORMALLY INTRODUCED. IN MARIN COUNTY YOU MUST ONLY ATTEND SENTENCING, AND ONLY IF YOU LIVE IN MARIN OR A BORDERING COUNTY.

DO STAY INFORMED. 
YOU CAN (AND SHOULD) CLOSELY FOLLOW THE PROGRESS OF YOUR CASE BY COMMUNICATING WITH YOUR ATTORNEY BEFORE AND AFTER SANTA ROSA COURT APPEARANCES, AND FOLLOWING YOUR CASE SEPARATELY ONLINE BY CLICKING ON BEST LINKS ON THIS SITE AND THEN FIND YOUR LOCAL COURT UNDER "SUPERIOR COURTS" BY CLICKING ON THE COUNTY WHERE YOU WERE ARRESTED (FOR EXAMPLE, SONOMA, MARIN, OR NAPA), AND SEARCH YOUR NAME. SONOMA COURTS HAVE AN ONLINE CALENDAR FOR SANTA ROSA APPEARANCES THE NEXT MORNING WHICH LISTS YOUR NAME, CASE NUMBER, ONE CHARGE, AND THE SANTA ROSA COURTROOM (ALSO CALLED THE "DEPARTMENT") FOR YOUR CASE. NAPA COURTS AND MENDOCINO COURTS HAVE SIMILAR ONLINE CALENDARS. MARIN COURTS HAVE SAN RAFAEL APPEARANCES ONLINE WEEKS IN ADVANCE.

DON'T DRIVE TO COURT WITH A SUSPENDED LICENSE. 
IMPORTANT!! IF YOU HAVE A SUSPENDED LICENSE, DON'T DRIVE, AND IF YOU DRIVE TO COURT IN SANTA ROSA, YOU STAND A CHANCE OF BEING ARRESTED IN ONE OF SONOMA COUNTY'S STING OPERATIONS WHERE AGENTS WATCH IN COURT AND RADIO TO OFFICERS WAITING FOR YOU WHEN YOU DRIVE AWAY FROM THE COURTHOUSE. TYPICALLY THESE STINGS HAPPEN AT SEVERAL TIMES PER YEAR AND RESULT IN HUGE ADDITIONAL HEADACHES (NOT TO MENTION MORE JAIL TIME) FOR THOSE CAUGHT. CLICK HERE IF YOU DON'T BELIEVE IT! SANTA ROSA COURT STING. HAVE A LOCAL SANTA ROSA LAWYER APPEAR FOR YOU INSTEAD.

IF A WARRANT HAS BEEN ISSUED FOR YOUR ARREST. 
IF YOU FAILED TO APPEAR FOR A COURT DATE PURSUANT TO A PROMISE TO APPEAR WHICH YOU SIGNED AT THE TIME OF YOUR ORIGINAL CITATION BY SONOMA COUNTY LAW ENFORCEMENT, THEN TYPICALLY IN MISDEMEANOR CASES THE SANTA ROSA SUPERIOR COURT JUDGE WILL ISSUE A BENCH WARRANT FOR YOUR ARREST. IF YOU BAILED OUT OF JAIL AT THE TIME OF ARREST, THEN YOU MUST OBTAIN A "LETTER OF REASSUMPTION" OF BAIL FROM YOUR BAIL COMPANY BEFORE YOU OR YOUR LAWYER CAN SUCCESSFULLY REMOVE THE WARRANT AND DEAL WITH THE CASE. 

FURTHER, TO MINIMIZE THE CHANCES OF BEING REMANDED (TAKEN INTO CUSTODY) WHEN YOU NEXT APPEAR IN COURT TO CLEAR YOUR WARRANT, RETAIN THE SERVICES OF A LOCAL SONOMA COUNTY LAWYER INSTEAD. A SANTA ROSA ATTORNEY MAY BE ABLE TO QUICKLY PLACE YOUR MATTER ON THE "CLEAR WARRANT CALENDAR" AND THEN APPEAR FOR YOU AND EXPLAIN WHY YOU FAILED TO APPEAR, SO THAT YOU DO NOT HAVE TO PERSONALLY APPEAR WITH ALL OF THE STRESS AND INCONVENIENCE, AND RISK GOING TO JAIL. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THEN CLICK HERE TO SEE THE LOCAL SONOMA COUNTY CLEAR WARRANT POLICY FOR APPEARING IN COURT TO CLEAR AN OUTSTANDING WARRANT AND DEAL WITH A PENDING CRIMINAL MATTER; IF YOU CANNOT AFFORD THE CONVENIENCE AND EXPERTISE OF A LOCAL LAWYER, THEN YOU WHEN YOU FIRST APPEAR, BEFORE YOU SAY ANYTHING ELSE, YOU SHOULD ASK THE JUDGE TO APPOINT THE SONOMA COUNTY PUBLIC DEFENDER TO ASSIST YOU BEFORE THE JUDGE DECIDES HOW TO HANDLE THE WARRANT, YOUR BAIL AND CUSTODY STATUS, AND THE REMAINDER OF YOUR CASE.

CUSTODY & BAIL ISSUES. 
TYPICALLY PEOPLE ARRESTED FOR DUI ARE EITHER RELEASED BY POLICE ON THEIR OWN RECOGNIZANCE ("O.R.") AFTER BEING PROCESSED, OR POST BAIL TO BE RELEASED. BAIL IS SET PURSUANT TO THE SONOMA COUNTY BAIL SCHEDULE WHICH LISTS MOST POSSIBLE CHARGES AND THE BAIL AMOUNT FOR EACH CHARGE. THESE AMOUNTS CAN GO UP OR DOWN DEPENDING ON A VARIETY OF FACTORS RELATING TO YOU AND YOUR CASE. IF YOU WERE NOT RELEASED ON O.R. AND YOU APPEARED IN COURT WHILE STILL IN CUSTODY, THEN MOST LIKELY BAIL WAS SET AT THAT TIME, OR YOU MAY HAVE BEEN RELEASED ON A MORE COMPREHENSIVE FORM OF O.R. CALLED SUPERVISED OWN RECOGNIZANCE ("S.O.R."), WHERE THE SANTA ROSA JUDGE IMPOSED SPECIAL SOR CONDITIONS ON YOUR RELEASE. OFTEN A SONOMA COUNTY ATTORNEY MAY BE ABLE TO SAVE AN ARRESTEE OR FAMILY LARGE SUMS OF MONEY BY ARGUING THAT SUCH CONDITIONS WILL BE BETTER FOR THE DEFENDANT AND THE COMMUNITY THAN POSTING BAIL.

2.     DRIVER LICENSE

TIMING IS CRITICAL. 
BE SURE YOU ARE ELIGIBLE FOR YOUR LICENSE TO BE RETURNED ON THE FIRST POSSIBLE DAY. SIGN UP EARLY FOR DRINKING DRIVER PROGRAM CLASSES ("DDP"). IN SONOMA COUNTY, THE DDP IS LOCATED IN THE SOUTH WEST CORNER OF CODDINGTOWN SHOPPING CENTER IN SANTA ROSA. CLICK HERE FOR A SONOMA DDP MAP/ENROLLMENT INFORMATION HANDED OUT AT SENTENCING IN SANTA ROSA SUPERIOR COURT. YOU CAN FIND MORE INFORMATION ABOUT THE SANTA ROSA DRINKING DRIVER PROGRAM BY CLICKING HERE FOR THE SONOMA DDP WEB PAGE. DETAILED INFORMATION AND MORE TIPS ABOUT THE SONOMA COUNTY DDP CAN BE FOUND BELOW IN TIP #4. CLICK HERE FOR NAPA DDP OR MARIN DDP INFORMATION.

WHO IS ELIGIBLE FOR THE RESTRICTED "WORK" LICENSE. 

IF YOU HAD A VALID CALIFORNIA LICENSE PRIOR TO THIS INCIDENT, AND YOU ARE AGE 21 OR OLDER, AND YOU HAVE NEVER BEEN ARRESTED FOR A DUI OR SUSPENDED BY DMV BEFORE, AND THERE IS NO ALLEGATION THAT YOU REFUSED TO GIVE A BREATH OR BLOOD SAMPLE AT THE TIME OF THIS SONOMA COUNTY ARREST (OR OTHER AGGRAVATING FACTORS), THEN TYPICALLY YOU MAY OBTAIN A CALIFORNIA RESTRICTED "WORK" LICENSE IN A MISDEMEANOR SONOMA COUNTY DUI CASE AFTER THE FIRST 30 DAYS OF THE DMV SUSPENSION ONCE SANTA ROSA DDP HAS CONFIRMED WITH DMV IN SACRAMENTO (BY TRANSMITTING A FORM DL 107) THAT YOU ARE ALREADY ENROLLED IN SONOMA COUNTY DUI CLASSES AT THE SANTA ROSA DRINKING DRIVER PROGRAM, AND AFTER YOU FILE AN SR22 INSURANCE FORM  WITH THE SANTA ROSA DMV (SEE "INSURANCE" BELOW) ON FILE WITH THE DMV. 

SONOMA, NAPA, AND MARIN COUNTIES EACH HAVE ONLY ONE DDP. USUALLY DDP'S HAVE A WAITING LIST TO ENROLL, SO IF YOU WAIT TOO LONG (SONOMA COUNTY COURTS REQUIRE THAT YOU SIGN UP WITHIN 21 DAYS OF A DUI CONVICTION OR ELSE YOU MUST BE RE-REFERRED BY THE JUDGE) THEN YOUR REQUIRED SUSPENSION PERIOD WILL BE UNNECESSARILY LONGER THAN THE MANDATORY 30 DAYS. IF YOU ARE ARRESTED FOR DRIVING ON A SUSPENDED LICENSE DUE TO A DUI, THE PENALTIES ARE SEVERE AND EXPENSIVE, INCLUDING POSSIBLE DENIAL OF A LATER REQUEST FOR A WORK LICENSE. TALK TO YOUR SANTA ROSA LAWYER ABOUT THE BEST TIME TO ENROLL AND THEN DON'T DELAY.

YOU CAN FIND ADDITIONAL DETAILED DISCUSSION ABOUT GETTING YOUR LICENSE BACK BY CLICKING ON TEN TIPS FOR GETTING YOUR DRIVER LICENSE BACK ON THIS SITE.

WHAT IS THE RESTRICTED "WORK" LICENSE. 

A DMV SUSPENSION OF DRIVING PRIVILEGES DUE TO A DUI MAY RESULT FROM A COURT CONVICTION OR FROM THE DMV'S SEPARATE ADMINISTRATIVE PROCEEDINGS. TO SEE THE DETAILED DESCRIPTIONS OF THESE SUSPENSIONS, CLICK ON TEN TIPS FOR GETTING YOUR DRIVER LICENSE BACK ON THIS SITE. TYPICALLY, SUSPENSION PERIODS LAST FROM FOUR MONTHS TO THREE YEARS OR MORE DEPENDING ON THE CIRCUMSTANCES. IN MOST CASES THE SUSPENSION TIME CAN BE SHORTENED AFTER A MANDATORY PERIOD OFF THE ROAD BY OBTAINING LIMITED DRIVING PRIVILEGES (CALLED A "RESTRICTED LICENSE") WHICH LASTS FOR THE BALANCE OF THE SUSPENSION PERIOD. THIS SPECIAL LICENSE IS "RESTRICTED" TO THE HOURS NECESSARY FOR DRIVING TO AND FROM THE PERSON'S PLACE OF EMPLOYMENT, DRIVING DURING THE COURSE OF EMPLOYMENT, AND DRIVING TO AND FROM ACTIVITIES REQUIRED IN THE DRIVING-UNDER-THE-INFLUENCE PROGRAM.

GETTING THE RESTRICTED LICENSE. 
UNDERSTAND THAT THE SANTA ROSA DMV DOES NOT AUTOMATICALLY SEND THE RESTRICTED LICENSE TO YOU AND YOUR SONOMA ATTORNEY CANNOT GET IT FOR YOU; RATHER YOU MUST ACCOMPLISH THESE TASKS AND THEN GO TO THE SANTA ROSA OR PETALUMA DMV SATELLITE OFFICE AND PAY A FEE TO OBTAIN THE RESTRICTED LICENSE. THE LICENSE ISSUED TO YOU AT SANTA ROSA DMV WILL BE A NEW 8-1/2 x 11" TEMPORARY LICENSE. USUALLY YOUR REGULAR LICENSE (WHICH LOOKS LIKE THE ONE YOU HAD BEFORE EXCEPT THE RESTRICTIONS ARE PRINTED ON THE REVERSE) WILL BE MAILED TO YOU FROM SACRAMENTO FOLLOWING YOUR DMV VISIT. THE SANTA ROSA DMV IS LOCATED AT 2570, CORBY AVENUE, AND THE PETALUMA DMV IS LOCATED AT 715 SOUTHPOINT BLVD.


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YOU CAN FIND EARLY CONTACT INFORMATION ON THIS SITE FOR SONOMA, NAPA, MARIN AND OTHER COUNTIES BY CLICKING ON BEST LINKS AND THEN UNDER "DUI COMPLIANCE" CLICK ON ONE OF THE DRINKING DRIVER PROGRAM LINKS.  SONOMA, NAPA, MARIN AND ALL THE STATE-LICENSED DRINKING DRIVER PROGRAMS ARE LISTED.   

BE SURE DMV HAS YOUR CORRECT MAILING ADDRESS.
IF DMV HAS AN OLD MAILING ADDRESS (FOR EXAMPLE, OUTSIDE OF SONOMA COUNTY) THEN YOU MIGHT NOT RECEIVE CRITICAL NOTICES IN SONOMA COUNTY PROVIDING A TIME-SENSITIVE RIGHT TO A HEARING (SOMETIMES ONLY 10 DAYS), OR GIVING YOU A DATE FOR THE START OF A SUSPENSION, OR SENDING YOU A NEW TEMPORARY OR PERMANENT LICENSE, WHICH ARE USUALLY SENT TO YOU AT YOUR ADDRESS ON RECORD AT DMV. NOTE THAT COPIES OF MANY (BUT NOT ALL) HEARING-RELATED NOTICES ARE SENT TO YOUR SONOMA ATTORNEY SO THAT YOU CAN GET COPIES FROM HIM/HER.

BECAUSE THE VEHICLE CODE REQUIRES YOU TO PROVIDE A CHANGE OF ADDRESS TO DMV WITHIN 10 DAYS OF OBTAINING A NEW ADDRESS, YOU ARE NOT PERMITTED TO COMPLAIN IF DMV SENDS IMPORTANT DOCUMENTS TO AN OLD ADDRESS ON ITS RECORDS. IN ORDER TO ALLOW YOUR SONOMA COUNTY LAWYER TO REACT QUICKLY AND CHALLENGE WRONG OR UNFAIR DECISIONS OR PLANNED ACTIONS AGAINST YOU, YOU MUST ENSURE THAT DMV HAS YOUR CORRECT ADDRESS. YOU CAN VISIT THE SANTA ROSA OR PETALUMA SATELLITE DMV OFFICE TO SUBMIT A SONOMA COUNTY CHANGE OF ADDRESS, OR CLICK HERE TO  UPDATE YOUR ADDRESS ONLINE IF DMV HAS AN OLD ADDRESS.

THE UNDER AGE 21 CRITICAL NEED RESTRICTED DRIVER LICENSE. 
IF YOU ARE UNDER AGE 21 AND LOST YOUR LICENSE DUE TO A FIRST DUI OR ZERO TOLERANCE CASE, THEN YOU MAY WISH TO CONSIDER ASKING YOUR ATTORNEY ABOUT APPLYING FOR A CRITICAL NEED LICENSE TO DRIVE IF YOU BELIEVE YOU CAN ADEQUATELY SHOW THE DMV THAT PUBLIC TRANSPORTATION IN YOUR AREA IS NOT SUFFICIENT TO ACCOMPLISH YOUR TRANSPORT TO AND FROM WORK OR SCHOOL OR YOU ARE THE PRIMARY MEANS OF TRANSPORTING A FAMILY MEMBER TO MEDICAL APPOINTMENTS. 

ALTHOUGH SONOMA COUNTY HAS ADEQUATE PUBLIC TRANSPORTATION IN MANY LOCATIONS SUCH AS SANTA ROSA, PETALUMA AND THE 101 CORRIDOR, MANY OTHER OUTLYING AREAS SUCH AS WEST COUNTY MAY BE BETTER QUALIFIED REMOTE LOCATIONS, PARTICULARLY IF MULTIPLE TASKS MUST BE ACCOMPLISHED IN A SINGLE DAY, SUCH AS WORK AND SCHOOL. CLICK HERE FOR SONOMA COUNTY TRANSIT SCHEDULES TO DETERMINE IF ALTERNATIVES EXIST FOR YOU. IF NOT, THEN PRINT OUT NEARBY ROUTES AND SCHEDULES TO ATTACH TO YOUR APPLICATION SO THAT THE DMV CAN READILY SEE THE LACK OF ALTERNATIVES GIVEN YOUR SITUATION.

USING A LAWYER MAY SAVE UNNECESSARY DELAY. IT IS OFTEN EXTREMELY HELPFUL TO ASK A LOCAL SONOMA COUNTY LAWYER TO PROVIDE AND REVIEW THIS APPLICATION SO THAT ELIGIBLE MINORS MAY MINIMIZE THE POSSIBILITY OF DENIAL OF APPLICATION. A SANTA ROSA LAWYER WILL BE SURE THAT THE ENTIRE APPLICATION IS COMPLETED, INCLUDING ALL REQUIRED SIGNATURES FROM PARENTS, SCHOOL OFFICIALS, EMPLOYERS AND/OR DOCTORS. WE REVIEW APPLICATIONS TO ENSURE THERE IS ADEQUATE SUPPORTING INFORMATION WHICH WE KNOW THE DMV SACRAMENTO OFFICE LOOKS FOR, SUCH AS SONOMA COUNTY BUS SCHEDULES, SUPPLEMENTAL EXPLANATIONS, AND ADDITIONAL DOCUMENTATION OF ANY KIND WHICH MAY SUPPORT THE APPLICATION. 

IMPROVE YOUR CHANCES OF BEING APPROVED. THIS IS THE TYPE OF ADVICE SANTA ROSA LAWYERS SHOULD PROVIDE: MAKE NO MISTAKE; THE DMV ONLY GRANTS UNDER-21 RESTRICTED LICENSES FOR TRULY CRITICAL NEEDS. SO FOR EXAMPLE, GETTING A JOB IN THE TOWN OF SONOMA, AND/OR ENROLLING IN A CLASS OR TWO AT THE SANTA ROSA JUNIOR COLLEGE OR A TRADE SCHOOL IN NAPA, WOULD TYPICALLY INCREASE CHANCES OF GETTING A LIMITED LICENSE TO ACCOMPLISH SUCH TRANSPORTATION. 

CLICK HERE TO BROWSE LOCAL COLLEGE CLASSES AT SONOMA STATE UNIVERSITY, AND SANTA ROSA JUNIOR COLLEGE, AND EMPIRE COLLEGE.  YOU MAY ALSO WISH TO CONSIDER APPLYING FOR A BUILDING TRADES APPRENTICESHIP. CLICK HERE FOR COMPREHENSIVE LIST OF AVAILABLE CALIFORNIA APPRENTICESHIP PROGRAMS, INCLUDING CONTACT INFORMATION. SOME APPRENTICESHIP PROGRAMS ARE AVAILABLE IN SANTA ROSA AND SURROUNDING SONOMA AND NAPA COUNTY, SUCH AS CEMENT MASONS, ELECTRICIANS, OPERATING ENGINEERS, PLUMBERS & REFER MECHANICS, AND SOUND & COMMUNICATION. QUANTITY AND QUALITY OF SCHOOL AND EMPLOYMENT TRANSPORTATION HARDSHIPS OR CONFLICTS INCREASE THE CHANCES OF BEING APPROVED, PARTICULARLY WHEN COUPLED WITH INADEQUATE OR COMPLETELY IMPRACTICAL FAMILY/PUBLIC TRANSPORTATION ALTERNATIVES IN SONOMA COUNTY.

APPLICATION FORM. YOU CAN FILL OUT THE CRITICAL NEED APPLICATION ONLINE, PRINT IT TO COMPLETE WITH SUPPORTING MATERIALS, AND SEND TO A SONOMA COUNTY LAWYER FOR COMMENTS, REPRINT IF NECESSARY, AND OBTAIN SIGNATURES AND MAIL TO SACRAMENTO WITH YOUR ADDITIONAL DOCUMENTATION. THE FORM USUALLY TAKES WEEKS FOR YOU TO PREPARE AND COMPLETE, PLUS REVIEW TIME FOR YOUR ATTORNEY, AND AT LEAST A WEEK OR TWO FOR THE DMV TO CONSIDER, SO IT IS IMPORTANT TO START THIS PROCESS AS SOON AFTER YOU DETERMINE THE ONE-YEAR DMV SUSPENSION IS LIKELY. 

NOTE THAT ALL MINORS WHO MIGHT OTHERWISE BE ELIGIBLE FOR THIS RESTRICTED LICENSE MUST SERVE THE INITIAL 30 DAYS OF ANY PENDING SUSPENSION; THIS IS THE PERFECT TIME TO COMPLETE AND MAIL THE DMV APPLICATION. CLICK HERE FOR THE UNDER AGE 21 FORM: DMV APPLICATION FOR CRITICAL NEED LICENSE.

3.     INSURANCE

THE SR-22. 
IF YOU ARE CONVICTED OF A DUI OR LOSE THE DMV HEARING, YOU WILL LIKELY BE REQUIRED TO OBTAIN AN SR22 INSURANCE FORM  FROM YOUR INSURANCE COMPANY TO FILE WITH THE DMV IN ORDER TO BE ELIGIBLE FOR A DRIVERS LICENSE. THE TYPICAL REQUIRED DURATION FOR AN SR-22 IN SONOMA COUNTY IS THREE YEARS. 

YOUR ATTORNEY SHOULD INFORM YOU THAT THE SR 22 IS A PROMISE FROM YOUR INSURANCE COMPANY TO INFORM THE DMV IF YOU EVER LOSE INSURANCE, RESULTING IN YOUR IMMEDIATE SUSPENSION (NATURALLY, PRIOR TO OBTAINING THIS FORM, NO ONE WOULD BE AWARE OF WHETHER YOU HAVE INSURANCE OR NOT). SOME INSURANCE COMPANIES TRANSMIT THE FORM DIRECTLY TO SACRAMENTO DMV IN A MATTER OF HOURS AFTER YOUR REQUEST, AND OTHERS TAKE UP TO SEVERAL WEEKS AND ACTUALLY MAIL YOU THE ORIGINAL FOR YOU TO FILE DIRECTLY WITH THE SANTA ROSA DMV.SR-22's CAN COME IN DIFFERENT SHAPES AND SIZES. CLICK BELOW TO SEE WHAT AN SR-22 LOOKS LIKE:

SAMPLE SR 22 FORM

TRIPLE A'S SR 22 FORM

ALLSTATE'S SR 22 FORM

SAMPLE ELECTRONIC SR22 RECEIPT

SHOP AROUND. THE SIMPLE FACT OF A DUI SHOULD NOT RESULT IN CANCELLATION OF YOUR INSURANCE POLICY (MANY INSURANCE COMPANIES OFFER THE SR-22 FORM), BUT THIS MAY BE A GOOD TIME TO SHOP FOR THE MOST AFFORDABLE INSURANCE FOR YOUR UNIQUE SITUATION. IN ADDITION, IF YOUR CURRENT INSURANCE COMPANY REFUSES TO ISSUE AN SR-22 UNTIL YOU JUMP HOOPS OR CERTAIN CONDITIONS ARE SATISFIED, THEN YOU MAY WISH TO CONSIDER CONTACTING AN INSURANCE COMPANY THAT WILL ISSUE THE SR22 AT THE TIME YOU WANT IT, SUCH AS JOHN MACDONALD INSURANCE SERVICE, INC., OR SERENITY INSURANCE (THESE ARE NOT ENDORSEMENTS BUT JUST RESOURCES TO CHECK OUT FOR FAST SR-22'S IF YOU LIKE THE COMPANY AND THEIR QUOTES AND SERVICE).

YOU CAN FIND ADDITIONAL INFORMATION ON THIS SITE ABOUT SR-22 INSURANCE BY CLICKING ON BEST LINKS AND THEN TRYING THE LINKS UNDER "DUI COMPLIANCE" INCLUDING AN FAQ SEARCH ENGINE WHICH CONTAINS AN ANSWER BANK FOR MANY COMMON INSURANCE AND SR-22 QUESTIONS SUCH AS RATE INCREASES, MULTIPLE PERSONS ON POLICIES, OUT OF STATE REQUIREMENTS, ETC.

4.     DUI CLASSES

IN SONOMA COUNTY, THE DRINKING DRIVER PROGRAM ("DDP"), ALSO NOW CALLED "THE DUI PROGRAM," IS LOCATED IN THE SOUTH WEST CORNER OF CODDINGTOWN SHOPPING CENTER IN SANTA ROSA. CLICK HERE FOR SONOMA COUNTY'S SANTA ROSA DDP WEB PAGE  AND CLICK HERE FOR THE SONOMA COUNTY MAP AND COURT FLYER  HANDED OUT AT SENTENCING, AND HERE FOR MORE INFORMATION ON THE LENGTHS, COSTS AND REQUIREMENTS.  AT ENROLLMENT, PARTICIPANTS ARE TYPICALLY ASKED TO FILL OUT AND SIGN AN AGREEMENT CONTAINING MORE SCHEDULING AND INFORMATION. CLICK HERE FOR A SAMPLE FIRST OFFENDER AGREEMENT.  

CLICK HERE FOR NAPA OR MARIN DDP INFORMATION.


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BE PREPARED
BE PREPARED AND KNOW WHAT YOU'RE DOING. IN SONOMA COUNTY YOU MUST SIGN UP IN SANTA ROSA WITHIN 21 DAYS OF SENTENCING IF YOU HAVE NOT ALREADY DONE SO. TAKE ALL OF YOUR PAPERS WHEN YOU GO TO ENROLL. TAKE A CHECK FOR THE INITIAL FEE. BEFORE YOU ENROLL, ASK YOUR ATTORNEY WHICH PROGRAM LENGTH IS CORRECT, RATHER THAN RELYING ON INFORMATION FROM DDP. 

BE SURE YOU CAN SUPPLY YOUR SONOMA COUNTY SUPERIOR COURT CASE NUMBER, AND A FORM H-6 DRIVER LICENSE HISTORY WHICH YOU CAN OBTAIN FOR A NOMINAL FEE AT THE DMV PRIOR TO ENROLLMENT (ALWAYS MAKE COPIES TO LEAVE AT HOME). YOU SHOULD BE PERMITTED TO ENROLL AS LONG AS YOU BRING THESE MATERIALS OR A COURT MINUTE ORDER SENTENCING DOCUMENT. (SEE, STATE LETTER RE: ENROLLMENT DOCUMENTS). IF YOU HIRED A SONOMA COUNTY LAWYER TO HANDLE YOUR DMV HEARING, THEN TYPICALLY THE SANTA ROSA DMV ALREADY SENT A COPY OF YOUR H-6 PRINTOUT TO YOUR LAWYER AND YOU MAY ASK HIM/HER FOR A FREE COPY. IF THERE ARE FURTHER QUESTIONS ABOUT YOUR ABILITY TO ENROLL, CALL YOUR ATTORNEY WHILE YOU ARE STILL AT THE DDP SO THAT YOU CAN MINIMIZE STRESS AND INCONVENIENCE.

YOU MUST START CLASSES WITHIN 21 DAYS OF ENROLLMENT. 9 CCR 9848. MONTHLY PAYMENTS MAY BE MADE ON THE DUI PROGRAM FEE. BE SURE TO KEEP YOUR PAYMENT RECEIPT. PROGRAMS ARE REQUIRED TO OFFER A SLIDING SCALE FOR FEES DEPENDING ON ABILITY TO PAY. 9 CCR 9879. 

SCHEDULE OF CLASSES
A FIRST OFFENDER "3-MONTH" PROGRAM IN SONOMA COUNTY TYPICALLY CONSISTS OF TWO HOURS OF CLASS AND ONE HOUR OF GROUP MEETING PER WEEK IN SANTA ROSA FOR TEN WEEKS, PLUS ONE ORIENTATION MEETING AND ONE EXIT INTERVIEW. A PARTICIPANT WHO SUCCESSFULLY ENROLLS THE FIRST WEEK AT ORIENTATION (BY BEING ONE OF THE FIRST 6-8 PEOPLE TO ARRIVE -- USUALLY REQUIRES SHOWING UP AT LEAST AN HOUR EARLY) AND BEGINS CLASSES THE FOLLOWING WEEK, CAN COMPLETE THE PROGRAM IN 12 WEEKS (INCLUDING THE 15-MINUTE MID PROGRAM INTERVIEW) IF THERE ARE NO MISSED WEEKS.

TYPICAL FIRST OFFENDER CLASS SCHEDULE.  THE SANTA ROSA DUI PROGRAM OFFERS 3-HOUR BLOCKS OF CLASSES FROM 8:30 A.M. TO 8:30 P.M., MONDAY THROUGH FRIDAY. A TYPICAL WEEK OFFERS THE FOLLOWING SCHEDULE FROM WHICH A PARTICIPANT WOULD PICK JUST ONE DAY OF THE WEEK AND TIME SLOT TO ATTEND FOR 10 WEEKS (SAMPLE SUBJECT TO CHANGE AND AVAILABILITY, AND THERE ARE TWO DIFFERENT WEEKLY OFFERINGS, SO ASK AND FIRM UP YOUR OWN SCHEDULE AT ENROLLMENT): FIRST OFFENDER CLASS SCHEDULES.

CLICK HERE TO SEE TYPICAL EXAMPLES OF SONOMA COUNTY'S STANDARD FIRST OFFENDER DUI PROGRAM:

SAMPLE #1 FOR 3-MONTH CLASS SCHEDULE

SAMPLE #2 FOR 3-MONTH CLASS SCHEDULE

SAMPLE #3 FOR 3-MONTH CLASS SCHEDULE

FOR AN EXAMPLE OF SONOMA COUNTY'S TYPICAL EXTENDED FIRST OFFENDER 9-MONTH CLASS SCHEDULE FOR FIRST OFFENDERS WITH OVER .20% BLOOD ALCOHOL OR REFUSAL CASES, OR THE FIRST YEAR OF A TYPICAL MULTIPLE OFFENDER 18-MONTH CLASS SCHEDULE IN SANTA ROSA.

MISSED CLASSES.  APPROVED ABSENCES ARE PERMITTED: 2 FOR WET RECKLESS PROGRAM, 5 FOR FIRST OFFENDER PROGRAM, 7 FOR THE EXTENDED FIRST OFFENDER PROGRAM, AND 10 FOR THE MULTIPLE OFFENDER PROGRAM. 9 CCR 9876. ABSENCES MUST BE MADE UP PRIOR TO COMPLETION OF THE PROGRAM. PARTICIPANTS MAY SUBMIT PRIOR WRITTEN REQUESTS FOR ABSENCES (UNLESS UNABLE TO DO SO) FOR ANY OF THE FOLLOWING REASONS: MILITARY SERVICE, WORK REQUIRING TRAVEL, PERSONAL OR FAMILY ILLNESS, INCARCERATION, RECOVERY, PERSONAL OR FAMILY EXTREME HARDSHIP, OR VACATION. 9 CCR 9876.5.

FOLLOW THE RULES; YOU CAN'T AFFORD TO BE TERMINATED.
THE DUI PROGRAM MAY DISMISS PARTICIPANTS FOR A VARIETY OF ALLEGED FAILURES SET OUT IN 9 CCR 9886. ALTHOUGH THE SANTA ROSA DRINKING DRIVER PROGRAM WILL NORMALLY WORK WITH YOU ON NECESSARY ABSENCES IF YOU CONTACT THE PROGRAM IN A TIMELY FASHION (I.E. PRIOR TO THE ABSENCE), STILL, THE SONOMA COUNTY DDP AND THE RULES THEY ENFORCE CAN BE TOUGH. YOU MUST SHOW UP ON TIME (THEY OFTEN CLOSE THEIR DOORS AT START TIME AND DO NOT ALLOW LATE ATTENDANCE). YOU WILL BE TURNED AWAY OR YOUR ENROLLMENT TERMINATED IF YOU HAVE ALCOHOL ON YOUR BREATH OR ARE OTHERWISE UNDER THE INFLUENCE. HOWEVER ENROLLMENT AT THE SANTA ROSA OFFICE, AND COMPLETION OF THEIR WHOLE PROGRAM, IS MANDATORY TO RETURN YOUR DRIVING PRIVILEGES TO NORMALCY, SO YOU SHOULD BE PREPARED TO FOLLOW THE RULES AND MEANINGFULLY PARTICIPATE. 

IF YOU ARE TERMINATED FROM THE SONOMA COUNTY DDP, CONTACT YOUR SANTA ROSA ATTORNEY PROMPTLY TO SEE ABOUT A RE-REFERRAL, ESPECIALLY IF THIS IS YOUR SECOND OR HIGHER DUI. OTHERWISE YOU WILL NOT REGAIN DRIVING PRIVILEGES FOR A VERY LONG TIME. RULES ON RE-REFERRALS VARY AMONG COUNTIES. SONOMA COUNTY WILL RE-REFER SOME MULTIPLE OFFENDER PROGRAM TERMINATIONS WITH A SIMPLE OVER-THE-COUNTER REQUEST AT THE COURT CLERK'S OFFICE.

DRINKING DRIVER PROGRAM POLICIES AND DECISIONS MAY BE CHALLENGED. 
PEOPLE ARE OFTEN TOLD THEY MAY NOT ENROLL IN A DUI PROGRAM UNTIL CONVICTED OF A DUI. THIS IS FALSE (SEE THE DEPT. LETTER RE: PRE-CONVICTION ENROLLMENT) AND FOLLOWING SUCH ADVICE MAY LEAD TO A LONGER SUSPENSION PERIOD THAN REQUIRED BY LAW. IF YOU RECEIVE ANY LEGAL ADVICE FROM A DUI PROGRAM, OR IF YOU BELIEVE YOU WERE WRONGFULLY TERMINATED FROM THE SONOMA COUNTY PROGRAM IN SANTA ROSA, THEN CONTACT A SANTA ROSA LAWYER TO DISCUSS ALTERNATIVES AND REMEDIES. 

FOR EXAMPLE, ACCORDING TO 9 CCR 9876.5, YOU AND YOUR SANTA ROSA LAWYER MAY BE ABLE TO PROVIDE PROOF TO THE SONOMA COUNTY PROGRAM OF A LEGITIMATE QUALIFYING ABSENCE AND APPLY FOR A RETROACTIVE LEAVE OF ABSENCE (PRIOR TO TWO YEARS FROM THE DATE OF YOUR LAST ATTENDANCE (9 CCR 9886(f)), WHERE THE SONOMA COUNTY PROGRAM CAN CORRECT A WRONGFUL (OR MISTAKEN) TERMINATION AND REINSTATE YOU IN GOOD STANDING WITH THE DMV AND COURT WITHOUT YOU HAVING TO RETURN TO COURT. THE STATE AGENCY LISTED BELOW MAY BE CONTACTED BY YOUR SANTA ROSA LAWYER IF THE SONOMA COUNTY PROGRAM IS UNRESPONSIVE IN SUCH A SITUATION.  CLICK HERE TO SEE A LIST OF THE REGULATIONS GOVERNING DUI PROGRAMS, AND HERE TO SEE APPLICABLE HEALTH AND SAFETY CODES.

DRINKING DRIVER PROGRAMS ARE ACCOUNTABLE IN COURT, WHERE THEIR DECISIONS MAY BE CHALLENGED, AND AT THE CALIFORNIA DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS WHERE THEY ARE REGULATED BY STATE ADMINISTRATORS. DON'T ALLOW YOURSELF TO BE INTIMIDATED OR SUFFER UNNECESSARY CONSEQUENCES OF INACCURATE ADVICE FROM DDP STAFF WHO MAY NOT FULLY COMPREHEND THE APPLICABLE LAW, AND WHO ARE NOT MOTIVATED BY YOUR PERSONAL CIRCUMSTANCES. THE DDP AND THE COURTS CAN MAKE INADVERTENT MISTAKES, OR SET POLICIES WHICH FOCUS ON THEIR OWN AGENDAS, BUT WHICH OFTEN MAY BE  CLARIFIED, CORRECTED OR CHALLENGED. YOUR ATTORNEY IS THE BEST SOURCE OF LEGAL ADVICE IN THIS AREA.

ENROLL IN YOUR OWN COUNTY OF RESIDENCE.
IF YOU LIVE OR WORK IN A COUNTY OTHER THAN SONOMA, TALK TO YOUR LAWYER OR THE DDP PROGRAM ABOUT TRANSFERRING TO THE MOST CONVENIENT PROGRAM, SUCH AS SAN RAFAEL, NAPA, FORT BRAGG, OR ONE OF MANY PROGRAMS IN SAN FRANCISCO. 

YOU CAN FIND EARLY CONTACT INFORMATION ON THIS SITE BY CLICKING ON BEST LINKS AND THEN UNDER "DUI COMPLIANCE" CLICK ON ONE OF THE DRINKING DRIVER PROGRAM LINKS.  SONOMA, NAPA, MARIN AND ALL THE STATE-LICENSED DDP'S ARE LISTED. 

NON CALIFORNIA RESIDENTS.
IF YOU LIVE IN A STATE OTHER THAN CALIFORNIA, THEN TALK TO YOUR SONOMA COUNTY LAWYER ABOUT THE POSSIBILITY OF EITHER WAIVING THE PROGRAM ALTOGETHER, OR SATISFYING THE REQUIREMENT WITH AN APPROVED ONLINE DDP PROGRAM FOR NONRESIDENTS ONLY (THESE PROGRAMS WILL NOT SATISFY DMV REQUIREMENTS BUT MAY SATISFY COURT REQUIREMENTS SO DISCUSS THIS OPTION WITH YOUR LOCAL SONOMA COUNTY LAWYER BEFORE RELYING UPON ANY OTHER ADVICE.

5.     COURT FINES

TYPICALLY, IN SONOMA COUNTY AND OTHER COUNTIES, YOUR ATTORNEY CAN ARRANGE MONTHLY PAYMENTS OF $75-$100 TO EASE THE FINANCIAL BURDEN OF INCREASINGLY HIGHER COURT FINES FOR A DUI. BE SURE TO WRITE YOUR CASE NUMBER ON EACH CHECK. TRY TO PAY OFF THE ENTIRE AMOUNT EARLY TO AVOID PROBLEMS WHICH OFTEN OCCUR DUE TO LOST OR FORGOTTEN PAYMENTS. A FAILURE TO PAY MAY RESULT IN A VIOLATION OF PROBATION (MAKING A SUBSEQUENT EXPUNGEMENT OF YOUR CRIMINAL RECORD MUCH MORE DIFFICULT FOR A SONOMA COUNTY LAWYER TO PERFORM FOR YOU IN THE FUTURE), AND REPORTING TO THE DMV (RESULTING IN AN UNANTICIPATED DRIVER LICENSE SUSPENSION NOTICE IN YOUR MAILBOX). 

CLICK HERE FOR THE COURT FINES FLYER HANDED OUT AT SENTENCING FOR INFORMATION ON WHERE IN SANTA ROSA TO ARRANGE PAYMENTS AND SEND YOUR MONTHLY CHECKS.  ADDITIONAL PAYMENT INFORMATION MAY BE OBTAINED AT THE SONOMA COUNTY COURT'S ACCOUNTING DEPARTMENT WEB PAGE. CHECK IN WITH THE OFFICES LISTED IN THE COURT FLYER SEVERAL DAYS FOLLOWING SENTENCING TO CONFIRM YOUR FIRST PAYMENT DATE, AMOUNTS, ADDRESSES AND OTHER ARRANGEMENTS TO AVOID MISSED PAYMENTS DUE TO INADVERTENT ERROR.

COMMUNITY SERVICE ALTERNATIVE TO DUI FINES
IF YOU CANNOT AFFORD TO PAY EVEN A SMALL AMOUNT EACH MONTH, THEN YOU MAY WISH TO CONSIDER DISCUSSING THE SONOMA COUNTY VOLUNTEER CENTER'S COURT REFERRED COMMUNITY SERVICE PROGRAM WITH YOUR SANTA ROSA LAWYER AND ARRANGING THIS ALTERNATIVE FOR YOU AT THE TIME OF SENTENCING IN ORDER TO REDUCE OR ELIMINATE THE COURT FINES. USUALLY FINES MAY BE PAID OFF AT THE RATE OF $10 PER HOUR (FOR EXAMPLE $500 WOULD BE FORGIVEN IN EXCHANGE FOR 50 HOURS OF COMMUNITY SERVICE).

DON'T PAY A REIMBURSEMENT BILL FROM A POLICE AGENCY BEFORE SPEAKING TO A LAWYER!
SOME POLICE AGENCIES ROUTINELY MAIL REIMBURSEMENT BILLS TO ATTEMPT TO RECOUP COSTS FOR ARRESTING YOU! EVEN THOUGH YOU MAY BE A SONOMA COUNTY TAXPAYER AND MAY HAVE ALREADY PAID FOR THE POLICE DEPARTMENT, THE POLICE CAR, AND THE SALARY OF THE POLICE OFFICER WHOSE ARREST YOU ARE NOW FIGHTING, STILL, IN THESE TOUGH ECONOMIC TIMES SONOMA COUNTY AGENCIES MAY TRY TO BILL YOU FOR REIMBURSEMENT OF THEIR COSTS FOR THE ACTUAL ARREST INCIDENT PURSUANT TO GOVERNMENT CODE SECTION 53150. SEE A RECENT EXAMPLE HERE OF A SANTA ROSA CITY "INVOICE". ALTHOUGH AN INVOICE PURSUANT TO THIS LAW MAY BE VALID IF EMERGENCY PERSONNEL WERE REQUIRED TO RESPOND (FOR EXAMPLE AN AMBULANCE, PARAMEDICS OR FIRE TRUCKS RESPONDING TO AN ACCIDENT SCENE, OR MORE CHP OFFICERS TO MANAGE TRAFFIC INTERRUPTION), NEVERTHELESS, THE CALIFORNIA APPEALS COURT FOR SONOMA COUNTY HAS RULED THAT AN ORDINARY ARREST FOR DUI IS NOT A SUFFICIENT TRIGGER EVENT TO REQUIRE REIMBURSEMENT UNDER THIS LAW. SEE, CALIFORNIA HIGHWAY PATROL V. SUPERIOR COURT (1ST DIST 2006) 135 C.A.4TH 488. 

A RECENT SONOMA COUNTY CHP INVOICE (2 YEARS AFTER THE ABOVE CASE WAS PUBLISHED) TO ONE OF JAKE'S DUI CLIENTS INVOLVED IN AN UNEVENTFUL DUI ARREST STATES THAT "THE DEFENDANT HEREIN SHALL PAY TO CHP THE TOTAL INDICATED BELOW" WHICH LISTS 5.2 PERSONNEL HOURS AND A TOTAL DUE OF $469.33. AFTER REVIEWING THIS CLIENT'S INCIDENT, AND THE INVOICE RECEIVED, JAKE WAS OUTRAGED BY THE MISLEADING MANDATORY "SHALL" LANGUAGE IN THE INVOICE FROM AN AGENCY WHOSE LEADERS ARE SWORN TO UPHOLD AND ENFORCE THE LAW, AND HE ADVISED THIS CLIENT NOT TO PAY THE BILL. ALTHOUGH FAILURE TO PAY MAY RESULT IN A LAWSUIT BY THE AGENCY, OR CAUSE AN ITEM TO BE REFERRED TO A COLLECTION AGENCY AND RISK A NEGATIVE CREDIT INCIDENT, SUCH EFFECTS MAY BE NEGATED WITH VIGILANCE AND PROTEST WHEN, AS IN THE CASE ABOVE, THE CLAIMED DEBT IS INVALID AND DISPUTED. MANY PEOPLE MAY NEVER HEAR FROM THE POLICE AGENCY AGAIN, OR IF A LAWSUIT IS FILED BY THE SONOMA COUNTY AGENCY, THE DEFENDANT WILL HAVE THE OPPORTUNITY TO CHALLENGE THE COLLECTION ATTEMPT AND CLAIMED AMOUNTS. DUI DEFENDANTS SHOULD ALWAYS CONSULT WITH A SANTA ROSA LAWYER ABOUT THE INDIVIDUAL CIRCUMSTANCES OF AN ARREST BEFORE BEING INTIMIDATED INTO PAYING ANY SUCH INVOICE FROM SONOMA COUNTY LAW ENFORCEMENT AGENCIES.

6.     COURT PROBATION

READ YOUR SENTENCING ORDER (SEE A SAMPLE BELOW) AND STAY OUT OF TROUBLE! 
YOUR ATTORNEY SHOULD INFORM YOU THAT THERE ARE MULTIPLE OBLIGATIONS IMPOSED AT SENTENCING IN SONOMA COUNTY, SUCH AS FINES, DUI CLASSES, JAIL, ETC. ALTHOUGH THE COURT AND EVEN YOUR SANTA ROSA LAWYER MAY DETAIL THE CONSEQUENCES OF A DUI SENTENCE PRIOR, DURING AND SUBSEQUENT TO A SENTENCING, NEVERTHELESS YOU ARE BEST SERVED BY READING YOUR SONOMA COUNTY SUPERIOR COURT PAPERS IMMEDIATELY, ASKING QUESTIONS, AND CONFIRMING YOUR UNDERSTANDINGS. INADVERTENT ERRORS DO HAPPEN, THEREFORE YOUR OWN INDEPENDENT UNDERSTANDING AND DILIGENCE IS CRITICAL TO PREVENTING CONFUSION, MISTAKES OR OMISSIONS, AND POSSIBLY SERIOUS CONSEQUENCES. 

IN SONOMA COUNTY, AT THE TIME OF SENTENCING, YOU OR YOUR LAWYER WILL RECEIVE A "MINUTE ORDER" FROM THE COURT SHOWING EVERY ITEM RECORDED BY THE SANTA ROSA COURTROOM CLERK, INCLUDING THE COURT'S SPECIFIC SENTENCING ORDERS (USUALLY THESE ARE PART OF THE COURT'S PROBATION ORDER) REGARDING JAIL, FINES, DRINKING DRIVER PROGRAM, DATES, DURATIONS, EVEN SPECIAL ORDERS FOR MULTIPLE OFFENDERS SUCH AS STAYING OUT OF BARS AND ABSTAINING FROM ALCOHOL POSSESSION/USE, ETC.  CLICK HERE TO SEE A TYPICAL SONOMA COUNTY PROBATION ORDER: FIRST DUI MINUTES/SENTENCING ORDER. THE REVERSE (PAGE 3 IN THE CLICK ABOVE) INCLUDES ADDITIONAL ORDERS AND KEY INFORMATION SUCH AS PHONE NUMBERS, ADDRESSES AND TIMES FOR CERTAIN OBLIGATIONS. CLICK HERE TO SEE A TYPICAL PROBATION ORDER FOR A DUI REDUCED TO WET RECKLESS.

FOR OTHER NORTH BAY COUNTIES, CLICK HERE TO SEE A TYPICAL FIRST DUI MARIN PROBATION ORDER, OR HERE TO SEE A FIRST DUI (WITH HIGH ALCOHOL TEST) NAPA PROBATION ORDER, OR HERE FOR A FIRST DUI (WITH HIGH ALCOHOL TEST) MENDOCINO PROBATION ORDER.

THE CONDITIONAL SENTENCE.  MOST SONOMA COUNTY DUI CONVICTIONS RESULT IN THIS INFORMAL COURT PROBATION (CALLED A "CONDITIONAL SENTENCE") DESCRIBED ABOVE, WHICH DOES NOT REQUIRE MONTHLY REPORTS OR ANY RESTRICTION ON YOUR TRAVEL. SIMPLY PUT, YOUR DUI RESOLUTION IN COURT IS CONDITIONED UPON YOU SATISFYING ANY AFFIRMATIVE OBLIGATIONS, AND HAVING NO ADVERSE POLICE CONTACT DURING THIS PERIOD OR ELSE YOU WILL RISK FURTHER PUNISHMENT IN THIS CASE (IN ADDITION TO THE NEW TROUBLE, OF COURSE). THE STANDARD PROBATION PERIOD IN SONOMA COUNTY IS 18 TO 24 MONTHS FOR A WET RECKLESS, THREE YEARS FOR A TYPICAL FIRST OR SECOND DUI, AND FIVE YEARS FOR A DUI WITH TWO OR MORE PRIORS. HIGH BLOOD ALCOHOL LEVELS, REFUSALS OR OTHER ALLEGATIONS MAY AFFECT THE LENGTH OF A PROBATION TERM.

TYPICAL COURT PROBATION TERMS.  JAIL (OR JAIL ALTERNATIVES), FINES, AND DUI PROGRAM ENROLLMENT AND COMPLETION, ARE A KEY PART OF THIS INFORMAL PROBATION, AND FAILURE TO FOLLOW THROUGH ON THESE OBLIGATIONS WILL LIKELY RESULT IN A NEW CHARGE OF VIOLATING PROBATION (INCLUDING WARRANTS, NEW SANTA ROSA COURT APPEARANCES, AND COMPLICATIONS EXPUNGING THIS CASE LATER). IN ADDITION TO THESE SENTENCING REQUIREMENTS, SONOMA COUNTY COURT PROBATION TYPICALLY INCLUDES A CATCH-ALL CONDITION OF SENTENCE THAT YOU BE OF GOOD CONDUCT AND OBEY ALL LAWS, DO NOT DRIVE UNLESS VALIDLY LICENSED AND INSURED, AND DO NOT DRIVE WITH ANY MEASURABLE ALCOHOL IN YOUR BODY (AS COMPARED TO BEFORE CONVICTION WHEN YOU COULD HAVE UP TO .08%). NEW PENALTY PROVISIONS REGARDING DRIVING WITH MEASURABLE ALCOHOL ARE DISCUSSED BELOW. IN ADDITION, INFORMAL PROBATIONERS WAIVE SEARCH AND SEIZURE DEFENSES DURING THIS PERIOD AND AGREE TO SUBMIT TO CHEMICAL TESTING PURSUANT TO A LAWFUL ORDER BY A SONOMA COUNTY PEACE OFFICER; THESE WAIVERS AND AGREEMENTS TYPICALLY WILL NOT BECOME RELEVANT UNLESS THERE IS POLICE CONTACT. 

NORMALLY ALL OF THESE AND OTHER PROBATION CONDITIONS WILL BE INCLUDED ON YOUR SONOMA COUNTY COURT MINUTES/SENTENCING ORDER (CLICK ON THE EXAMPLES IN THE SECOND PARAGRAPH OF THIS SECTION, ABOVE). IF YOUR CASE INCLUDED A RELATIVELY HIGH BLOOD ALCOHOL CONCENTRATION (OVER .15%) OR THIS IS YOUR SECOND OR HIGHER DUI, THEN YOU MAY BE SUBJECT TO FURTHER CONDITIONS, SUCH AS REFRAINING FROM ALCOHOL POSSESSION AND USE, AND STAYING OUT OF PLACES WHERE ALCOHOL IS THE PRIMARY ITEM FOR SALE, ETC. 

THIRD DUI SENTENCING AND PROBATION TERMS VARY WIDELY DEPENDING ON INDIVIDUAL CIRCUMSTANCES, BUT CLICK HERE TO SEE AN EXAMPLE OF A RECENT SONOMA COUNTY THIRD DUI PROBATION ORDER WHERE HOME CONFINEMENT WAS AUTHORIZED IN SANTA ROSA, FOLLOWED BY A PERIOD OF TIME ON AN ALCOHOL DETECTION ANKLET. SUCH CONVICTIONS TYPICALLY INCLUDE A DESIGNATION AS A HABITUAL TRAFFIC OFFENDER. CONVICTIONS INVOLVING DRUG USE OR POSSESSION OFTEN REQUIRE PERIODIC RANDOM DRUG TESTING IN ADDITION TO THE TERMS DESCRIBED ABOVE.

LOOKING UP THE LAW.  UNDERSTAND THAT PROBATION ORDERS AND SENTENCING COMPONENTS ARE HIGHLY DISCRETIONARY WITH THE JUDGE IN ANY CRIMINAL MATTER, AND ARE NORMALLY TAILORED TO SPECIFIC AGGRAVATING AND MITIGATING FACTORS IN EACH UNIQUE CASE. IF YOU WISH TO SEE APPLICABLE LAWS CONTAINING THE RANGE OF DUI SENTENCING OPTIONS AND CONSEQUENCES IN SONOMA COUNTY, YOU MAY ASK A SANTA ROSA ATTORNEY, OR CLICK ON BEST LINKS ON THIS SITE AND THEN UNDER "SELF HELP RESOURCES" CLICK ON THE CALIFORNIA VEHICLE CODE. MOST OF THE SONOMA COUNTY SUPERIOR COURT'S MANDATORY AND DISCRETIONARY DUI SENTENCING COMPONENTS ARE CONTAINED IN CALIFORNIA VEHICLE CODE SECTIONS 23536-23552, 23554-23568, 23572, 23573-23582, 23592-23596, 23598, and 23600-23602.  

JUVENILE OFFENDERS.  IF YOU ARE UNDER AGE 18, SPECIAL SONOMA COUNTY JUVENILE COURT PROCEEDINGS MAY APPLY TO YOU AT THE LOS GUILUCOS JUVENILE COURT IN SANTA ROSA. CLICK HERE TO SEE A TYPICAL JUVENILE COURT DELINQUENCY FINDING AND CLICK HERE TO SEE A TYPICAL SONOMA COUNTY JUVENILE DUI SENTENCING ORDER, WHICH INCLUDES 6 MONTHS FORMAL PROBATION (INCLUDING RANDOM DRUG/ALCOHOL TESTING), 40 HOURS COMMUNITY SERVICE, ONE-YEAR LICENSE SUSPENSION, DUI YOUTH CLASSES AND APPROXIMATELY A $400 FINE.

OLD SENTENCING ORDERS.  IF YOUR CASE RESOLVED IN THE PAST AND YOU LOST OR NEVER RECEIVED A COPY OF YOUR SONOMA COUNTY SUPERIOR COURT MINUTE/SENTENCING ORDER, AND YOU WISH TO REVIEW PRECISELY WHAT WAS ORDERED BY THE COURT, YOU MAY APPEAR AT THE SONOMA COUNTY CRIMINAL CLERK'S OFFICE AT THE MAIN COURTHOUSE IN SANTA ROSA AND ASK FOR A COPY OF THE ENTIRE "DOCKET" OR COURT HISTORY. THERE IS A NOMINAL FEE PER PAGE, BUT THIS IS A VALUABLE RECORDED HISTORY OF EVERYTHING THAT ACTUALLY TRANSPIRED IN YOUR SONOMA COUNTY COURT CASE AND CAN OFTEN REFRESH RECOLLECTIONS AND CLEAR UP MISUNDERSTANDINGS OF PRECISE RESOLUTIONS, PROBATION DURATIONS, TIME SERVED, ETC... 

DON'T DRIVE WITH ANY ALCOHOL IN YOUR BODY.
IT IS ABSOLUTELY CRITICAL THAT YOU REFRAIN FROM DRIVING WITH ANY ALCOHOL IN YOUR SYSTEM AT ALL DURING YOUR PROBATIONARY PERIOD. BEGINNING JANUARY 1, 2009, IT IS UNLAWFUL IN CALIFORNIA FOR A PERSON WHO IS ON PROBATION FOR A DUI (NOT WET RECKLESS) TO OPERATE A MOTOR VEHICLE AT ANY TIME WITH A BLOOD-ALCOHOL CONCENTRATION OF .01 OR GREATER AS SHOWN ON ANY PRELIMINARY BREATH MACHINE OR ACTUAL BREATH OR BLOOD TEST. IF YOU ARE FOUND GUILTY OF THIS ACT IN SONOMA COUNTY THEN YOUR DRIVER LICENSE LIKELY WILL BE SUSPENDED FOR A MINIMUM ONE YEAR (REFUSALS WOULD BE EVEN LONGER) WITH NO POSSIBILITY OF A RESTRICTED WORK LICENSE. (CVC 13389, 23154, 13353.1, 13353.2)

7.     JAIL ALTERNATIVES

MOST PEOPLE CONSIDER STAYING OUT OF JAIL TO BE THE HIGHEST PRIORITY, SECOND PERHAPS ONLY TO WANTING A COMPLETE DISMISSAL OF CHARGES OR PRESERVING DRIVING PRIVILEGES. SONOMA COUNTY TYPICALLY SENTENCES TWO DAYS OF JAIL FOR A STANDARD FIRST DUI. THIS IS NOT REQUIRED BY LAW, AND SOMETIMES A LOCAL SANTA ROSA LAWYER CAN AVOID SUCH A SENTENCE. YOUR ATTORNEY SHOULD DISCUSS YOUR SPECIFIC EXPOSURE WITH YOU SO THAT YOU UNDERSTAND THE GRAVITY OF YOUR CASE.

IF YOUR ARREST OCCURRED DURING PROBATION ON A PRIOR DUI (SEE THE "COURT PROBATION" DISCUSSION IN TIP #6 ABOVE), THEN YOU MAY BE AT RISK FOR A NEW AND ADDITIONAL 10-30 DAYS OF JAIL IN THAT CASE AT THE TIME OF SENTENCING ON THE NEW MATTER. IF YOUR BLOOD ALCOHOL WAS RELATIVELY HIGH (OVER .15%) OR YOU REFUSED TO PROVIDE A SAMPLE OF YOUR BREATH OR BLOOD AT THE TIME OF ARREST, OR OTHER AGGRAVATING FACTORS ARE PRESENT IN YOUR CASE, THEN YOU MAY BE AT RISK FOR AN ADDITIONAL 2-5 DAYS OF JAIL OR MORE IN ANY SUBSEQUENT SONOMA COUNTY COURT SENTENCING. (CVC 23578). AN ALLEGATION OF SPEEDING 20 TO 30 MPH OVER THE LIMIT (DEPENDING ON WHAT KIND OF STREET) COUPLED WITH AN ALLEGATION OF RECKLESS DRIVING WHILE OVER .08 (OR .01 IF UNDER AGE 21) EXPOSES YOU TO AN ADDITIONAL 60 DAYS COUNTY JAIL. (CVC 23582). DUI'S WITH A MINOR PASSENGER (UNDER AGE 14) ADDS AT LEAST 2 DAYS JAIL AND UP TO NINETY! (CVC 23572).

YOUR LAWYER SHOULD ARGUE ANY COMPELLING SITUATIONS AND ANY LEGAL WEAKNESSES IN THE SONOMA COUNTY PROSECUTOR'S CASE TO BARGAIN DOWN DAYS. IF YOU WERE NOT RELEASED IMMEDIATELY AFTER ARREST AND THEREFORE YOU SPENT TIME IN THE SONOMA COUNTY (OR OTHER LOCAL) JAIL, THEN TELL YOUR SANTA ROSA ATTORNEY HOW LONG, AND WE MAY BE ABLE TO OBTAIN CREDITS AGAINST ANY SUBSEQUENT SONOMA COUNTY JAIL SENTENCE. 

IF THIS IS YOUR SECOND OR HIGHER DUI AND YOU ARE READY TO ACKNOWLEDGE A SIGNIFICANT ALCOHOL PROBLEM IN YOUR LIFE, THEN JAIL ALTERNATIVES SUCH AS THE NEW SONOMA COUNTY DUI COURT (SEE BELOW) OR RESIDENTIAL TREATMENT (SEE "SELF-HELP" RESOURCES ON THE BEST LINKS PAGE OF THIS SITE, NOT ONLY FOR CONFRONTING ABUSE OR ADDICTION, BUT ALSO A TOOL FOR YOUR SONOMA COUNTY LAWYER TO TRY TO SHORTEN ANY JAIL SENTENCE.

VOLUNTEER WORK.
MOST COUNTIES, INCLUDING SONOMA, OFFER "WORK RELEASE" OR SHERIFF'S ALTERNATIVE WORK PROGRAM ("SWAP") WHICH IS A JAIL ALTERNATIVE WHERE YOU PERFORM DESIGNATED COMMUNITY SERVICE WITH THE COUNTY IN SANTA ROSA OR ELSEWHERE UNDER THE SUPERVISION OF THE SHERIFF'S DEPARTMENT, INSTEAD OF GOING TO JAIL. SONOMA COUNTY REQUIRES THAT YOU SIGN UP WITHIN 10 DAYS OF SENTENCING OR ELSE YOU LOSE THE OPPORTUNITY TO PERFORM COMMUNITY SERVICE RATHER THAN TURNING YOURSELF IN TO JAIL FOR ACTUAL INCARCERATION. 


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THIS PROGRAM IS AVAILABLE IN MOST CASES AS LONG AS YOU SIGN UP WITHIN 10 DAYS OF SENTENCING AND ARE ACCEPTED INTO THE PROGRAM. CERTAIN ALLOWANCES ARE MADE FOR LEGITIMATE PHYSICAL LIMITATIONS. CERTAIN ALLEGATIONS IN YOUR MATTER MAY PREVENT YOUR BEING PERMITTED TO PARTICIPATE IN SONOMA COUNTY'S WORK RELEASE ALTERNATIVE, SUCH AS BATTERY AGAINST A PEACE OFFICER. IN SUCH CASES, YOUR ATTORNEY MAY BE ABLE TO FIND ADDITIONAL ALTERNATIVES. CLICK HERE FOR SONOMA COUNTY'S ELIGIBILITY GUIDELINES AND WORK RELEASE DETAILS, AND CLICK HERE FOR WORK RELEASE MAP AND CONTACT INFO.

SHOW AND RELEASE.
IN SONOMA COUNTY, TYPICALLY YOU CAN SIMPLY REPORT ON YOUR "TURN-IN DATE" (INDICATED ON YOUR SENTENCING ORDER) AT THE NORTH COUNTY DETENTION FACILITY BY THE SANTA ROSA AIRPORT (2254 AIRPORT BLVD), AND BE RELEASED IN A MATTER OF HOURS IF YOUR SENTENCE IS ONLY ONE OR TWO DAYS OF JAIL. THIS IS ALSO CALLED "BOOK, PRINT AND RELEASE" (FOR A ONE-DAY SENTENCE) OR "AFTER MIDNIGHT RELEASE" (FOR A TWO-DAY SENTENCE). IN THIS SCENARIO, SUCH INDIVIDUALS DO NOT CHANGE CLOTHES OR SEE THE INSIDE OF A CELL, BUT RATHER THEY SIT QUIETLY IN A SECURE WAITING AREA UNTIL RELEASED.


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A TYPICAL, BUT VERY NERVOUS, SONOMA COUNTY FIRST OFFENDER DUI CLIENT, WITH TWO DAYS OF JAIL TO SERVE, RECENTLY DESCRIBED THE FOLLOWING EXPERIENCE: I REPORTED TO THE SANTA ROSA FACILITY BY THE AIRPORT AS YOU SUGGESTED AT 6:45 P.M. AND EVERYONE THERE WAS VERY NICE AND POLITE. THEY ALREADY HAD ALL MY INFORMATION ON FILE SO I ONLY SIGNED ONE FORM STATING THAT I COULD NOT LEAVE THE BUILDING UNTIL I WAS RELEASED. THEY INFORMED MY FRIEND WHO DROVE ME THAT HE COULD NOT WAIT WITH ME, BUT HE COULD RETURN SHORTLY AFTER MIDNIGHT TO PICK ME UP. I PUT MY THINGS IN A LOCKER AND SAT IN A WAITING AREA UNTIL ABOUT 12:15 A.M. AND THEN I WENT HOME. ALL THINGS CONSIDERED, I'VE HAD MORE STRESSFUL EVENINGS AT HOME WITH MY TEENAGER. IT SEEMS THIS IS A STANDARD PROCEDURE. YOU WERE RIGHT TO WARN ME AGAINST POT OR ALCOHOL ON MY BREATH; THERE WERE 5 GUYS WHO CAME IN OBVIOUSLY HAVING BEEN DRINKING, AND THEY WERE IMMEDIATELY TAKEN INTO CUSTODY.

HERE'S ANOTHER RECENT CLIENT STORY OF A 2-DAY SENTENCE SATISFIED WITH THE MIDNIGHT RELEASE: I HAVE NEVER BEEN TO JAIL...AND HAD NO IDEA WHAT TO EXPECT. I SHOWED UP AT 6:45 P.M. ON A FRIDAY. THERE WERE ABOUT 20 PEOPLE ALREADY THERE IN THE WAITING ROOM. I WALKED IN, WENT UP TO THE FRONT DESK, AND GAVE THEM MY NAME. THEY TOLD ME TO SIT AND WAIT. THERE WERE PEOPLE THERE WHO HAD LONG SENTENCES AND PEOPLE WHO COME EVERY WEEKEND. THOSE PEOPLE WERE CALLED UP FIRST. THEY CALL UP ONE PERSON AT A TIME TO ENTER THIS LITTLE AREA AND TO GO THROUGH A METAL DETECTOR (I WOULD RECOMMEND TO BRING QUARTERS TO KEEP YOUR BELONGINGS IN A LOCKER, OR KEEP THEM IN YOUR CAR). I WAS ONE OF THE LAST PEOPLE TO BE CALLED INTO THE ROOM ON THE OTHER SIDE. EVERYONE WHO WAS THERE FOR MIDNIGHT RELEASE WAS CALLED IN LAST. IT WAS REALLY EASY, AND NO BIG DEAL WHATSOEVER; THEY TOLD ME AHEAD OF TIME THAT I WOULD BE RELEASED AT MIDNIGHT. I SAT IN A CHAIR FOR A COUPLE OF HOURS, IN A ROOM WITH OTHER PEOPLE ALL THERE FOR THE SAME REASON. THE OFFICER EVEN BROUGHT ME A MAGAZINE TO READ. THE WORST PART ABOUT IT WAS THE EXTREME BOREDOM. THE WHOLE SITUATION WAS EXTREMELY ROUTINE. I WAS RELEASED AT ABOUT 12:05 A.M.

HERE'S AN EXAMPLE OF A FIRST OFFENDER WITH TWO DAYS JAIL TO SERVE, FOR WHOM ONE DAY OF CREDIT FOR TIME SERVED WAS OBTAINED ON HIS SENTENCE (BECAUSE HE SPENT TIME IN JAIL ON THE NIGHT OF ARREST, PRIOR TO BAILING OUT) AND THUS ONLY HAD ONE DAY OF JAIL TO SERVE AT THE TIME OF TURN-IN ("BOOK, PRINT & RELEASE" PROCEDURE): I DID THE JAIL TURN-IN ON 5/29 AS INSTRUCTED. GOT THERE AROUND 6:00 P.M. AND MOSTLY SAT AROUND READING MY BOOK WITH OCCASIONALLY BEING CALLED OVER FOR QUESTIONS (WHILE THE DEPUTY FILLED OUT FORMS), FINGERPRINTING AND PHOTO. THEY RELEASED ME ABOUT A QUARTER TO NINE (2-1/2 HOURS LATER).

ALTHOUGH THE ABOVE RELEASE HOURS LATER WITHOUT ACTUAL INCARCERATION IS THE NEARLY UNIVERSAL EXPERIENCE, STILL, AS WITH EVERYTHING IN LIFE AND LAW, THERE IS NO GUARANTEE IN YOUR SPECIFIC CASE THAT YOU WILL AVOID JAIL. ASK YOUR SONOMA COUNTY LAWYER HOW THIS PROCESS MIGHT WORK FOR YOU.

HOME ELECTRONIC CONFINEMENT, WORK FURLOUGH AND OTHER ALTERNATIVES.
EVEN IF THIS IS YOUR SECOND OR HIGHER DUI, OR THIS IS YOUR FIRST DUI BUT ADDITIONAL FACTORS ARE PRESENT SO THAT YOU ARE CURRENTLY EXPOSED TO 30 DAYS OR MORE OF JAIL, SONOMA COUNTY TYPICALLY ALLOWS ALTERNATIVES TO ACTUAL INCARCERATION. FOR EXAMPLE, THE ANKLE BRACELET (HOME CONFINEMENT) AND WORK FURLOUGH (JAIL AT NIGHT) BOTH ALLOW YOU TO GO TO WORK. 

IT IS CRITICAL TO DISCUSS ALTERNATIVES WITH YOUR LOCAL SONOMA COUNTY LAWYER PRIOR TO SENTENCING SO THAT PROPER DETAILS ARE ACCOMPLISHED TO MAXIMIZE YOUR ABILITY TO TAKE ADVANTAGE OF SUCH ALTERNATIVES. YOUR ATTORNEY ACTUALLY ADDING A DAY OF JAIL TO YOUR SENTENCE COULD BE THE DIFFERENCE BETWEEN STAYING AT HOME IN YOUR OWN NEIGHBORHOOD, OR STAYING IN A SANTA ROSA JAIL CELL. CLICK HERE FOR ELECTRONIC CONFINEMENT/WORK FURLOUGH INFO AND SAMPLE APPLICATION IN SONOMA COUNTY.  THESE ALTERNATIVES ARE NOT AVAILABLE TO EVERYONE AND THE APPLICATION PROCESS CAN BE LENGTHY SO IT IS CRITICAL TO CONSULT WITH A SONOMA COUNTY LAWYER AND START COMPLETING THE APPLICATION AS SOON AS POSSIBLE AFTER ANY JAIL SENTENCE IS IMPOSED.

IF YOU DO NOT LIVE IN SONOMA COUNTY, THEN IT MAY BE POSSIBLE TO SERVE SONOMA JAIL TIME IN ANOTHER COUNTY BY USING THIS ELECTRONIC CONFINEMENT ALTERNATIVE. CLICK HERE FOR ONE PROGRAM WHICH SONOMA COURTS HAVE RECOGNIZED IN THE PAST AS A QUALIFIED OUT-OF-COUNTY PROVIDER OF THIS ALTERNATIVE: THE LCA PROGRAM PROVIDES THIS SERVICE OUTSIDE SONOMA COUNTY (BUT ONLY AFTER YOU HAVE FIRST BEEN APPROVED BY THE SONOMA COUNTY PROBATION DEPARTMENT USING THE SAME APPLICATION SAMPLE ABOVE), BUT YOUR LAWYER MUST OBTAIN A DIRECT REFERRAL TO LCA BY THE SENTENCING COURT IN SANTA ROSA. THIS CAN BE A LENGTHY APPLICATION PROCESS, SO IT IS CRITICAL THAT ANY START DATE FOR A JAIL SENTENCE BE PROPERLY DELAYED AND THAT INTERESTED APPLICANTS BEGIN THE PROCESS IMMEDIATELY FOLLOWING IMPOSITION OF A JAIL SENTENCE. YOUR ATTORNEY SHOULD BE ABLE TO ANSWER QUESTIONS IF ROUTINE PROBLEMS ARISE.

FOR ADDITIONAL LINKS AND INFORMATION ABOUT LCA, WORK RELEASE AND OTHER JAIL ALTERNATIVES, CLICK ON BEST LINKS AND SCROLL UNDER "DUI COMPLIANCE" TO THE JAIL ALTERNATIVES LINKS.


SONOMA COUNTY DUI COURT.
[NOTE: AS OF FEBRUARY 25, 2009 REFERRALS TO DUI COURT HAVE BEEN SUSPENDED DUE TO BUDGET CONSTRAINTS.]
IN FEBRUARY, 2008, SONOMA COUNTY IMPLEMENTED AN INTENSIVE, TREATMENT-ORIENTED PROGRAM, MODELED AFTER SONOMA COUNTY'S DRUG COURT, WHICH EFFECTIVELY DELAYS SERVING A JAIL SENTENCE, AND UPON SUCCESSFUL COMPLETION CONTEMPLATES HOME CONFINEMENT TO SATISFY ANY MINIMUM JAIL SENTENCE AND EARLY TERMINATION OF YOUR TIME ON PROBATION. THE PROGRAM IS A COLLABORATION OF THE COURT, PROBATION DEPARTMENT, HEALTH SERVICES, THE PUBLIC DEFENDER'S OFFICE, THE DISTRICT ATTORNEY'S OFFICE AND LOCAL LAW ENFORCEMENT.

SONOMA DUI COURT IS AVAILABLE TO SONOMA COUNTY RESIDENTS WHO ARE CHARGED WITH A SECOND OR THIRD TIME MISDEMEANOR DUI OFFENSE OCCURRING IN SONOMA COUNTY IF YOU DO NOT HAVE ANY PRIOR SERIOUS FELONIES AND YOU ARE NOT CURRENTLY ON PAROLE. 

SONOMA DUI COURT IS A POST-PLEA INTERIM RESOLUTION WHICH WOULD TYPICALLY ONLY BE APPROPRIATE FOR ELIGIBLE MULTIPLE OFFENDERS AFTER THOROUGH ANALYSIS OF YOUR PRESENT CASE WITH A SANTA ROSA LAWYER IF YOU DETERMINE THAT EITHER THERE ARE NO VIABLE DEFENSES, OR YOU WISH TO ADDRESS THE ADVERSE EFFECTS OF ALCOHOL IN YOUR LIFE.

PROGRAM DETAILS.  IF YOU ARE WILLING TO ACKNOWLEDGE A SUBSTANCE ABUSE PROBLEM AND WISH TO TAKE ADVANTAGE OF THIS INTENSIVE THREE-PHASE SANTA ROSA PROGRAM WITH REGULAR OBLIGATIONS AND REVIEWS, WEEKLY THERAPY, DRUG AND ALCOHOL TESTING, 12 STEP MEETINGS AND DRINKING DRIVER PROGRAM CLASSES, THEN, AFTER MEANINGFUL REVIEW OF YOUR CASE WITH YOUR SANTA ROSA LAWYER, YOU MAY ENTER A NO-CONTEST OR GUILTY PLEA IN REGULAR COURT WITH YOUR ATTORNEY AND BE REFERRED BY THE COURT TO THE NEXT DUI COURT SESSION (WEDNESDAYS AT 2:00 P.M. --YOU MUST NOT BE LATE-- IN SANTA ROSA COURTROOM 12) FOR A MANDATORY OBSERVATION BY YOU AND PRELIMINARY RECOVERY ASSESSMENT BY THE JUDGE. AFTER THIS FIRST COURT APPEARANCE, YOU WOULD BE INTERVIEWED IN THE FOLLOWING DAYS AND ASSESSED BY THE SONOMA COUNTY ALCOHOL AND OTHER DRUG SERVICES PROGRAM, AND IF A SATISFACTORY REFERRAL IS MADE, THEN UPON SENTENCING AT THE SECOND WEEK'S COURT SESSION YOU WOULD COMMENCE THE PROGRAM. THE STATED PROGRAM LENGTH IS A MINIMUM OF 12 MONTHS PLUS AVAILABLE AFTER-CARE.

PROGRAM BENEFITS.  SUCCESSFUL COMPLETION OF THE 52 WEEK MINIMUM PROGRAM LENGTH WILL PERMIT THE COURT TO GIVE ONE DAY OF JAIL CREDIT FOR EACH WEEK PLUS 2 DAYS FOR EACH OF THE FOUR PHASES COMPLETED, OR A TOTAL OF 60 DAYS CREDITS ON ANY JAIL SENTENCE. IN ADDITION, YOUR INCENTIVE TO PARTICIPATE IS THIS MORE THOUGHTFUL AND MEASURED APPROACH FOR MULTIPLE OFFENDERS, INCLUDING ACCESS TO A LOWER COST, STRUCTURED, LOCAL SANTA ROSA TREATMENT PROGRAM DESIGNED TO TRANSITION YOU TO A HEALTHY AND STABLE LIFE, DELAY OF SONOMA COUNTY JAIL SENTENCE AND FAVORABLE CONSIDERATION OF THE HOME CONFINEMENT JAIL ALTERNATIVE TO COMPLETE ANY REMAINING SENTENCE, AND EARLY PROBATION TERMINATION.

YOU SHOULD DISCUSS ALL OF THE DETAILS WITH YOUR SONOMA ATTORNEY. CLICK HERE TO SEE THE SUMMARY SONOMA COUNTY DUI COURT BROCHURE, AND HERE FOR THE COMPLETE SONOMA COUNTY DUI COURT PARTICIPANT HANDBOOK. IF YOU BELIEVE THIS PROGRAM IS RIGHT FOR YOU, THEN YOU SHOULD ALSO VIEW THE OBLIGATIONS CONTAINED IN THE CONDITIONS OF PROBATION, AND THE DUI COURT AGREEMENT.

8.     EFFECTS OF A DUI ON VARIOUS JOBS & CAREERS

LEGAL STANDARD.  GENERALLY, THE CALIFORNIA BUSINESS AND PROFESSIONS CODE REQUIRES THAT BEFORE ANY PROFESSIONAL LICENSE IS DENIED, SUSPENDED OR REVOKED FOR A CONVICTION, THE CONDUCT IN QUESTION MUST BE SHOWN TO BE SUBSTANTIALLY RELATED TO THE QUALIFICATIONS, FUNCTIONS OR DUTIES OF THE PROFESSION. (B&P 480, 490). EACH LICENSING AGENCY DEVELOPS ITS OWN GUIDES AND REGULATIONS VARY WIDELY FROM AGENCY TO AGENCY. YOU SHOULD DISCUSS YOUR SPECIFIC CASE WITH A SANTA ROSA ATTORNEY.

PRACTICAL CONSIDERATIONS.  MOST PROFESSIONAL AND CONSUMER LICENSING BOARDS (SUCH AS THE MEDICAL BOARD, THE CALIFORNIA BAR ASSOCIATION, ETC...) TYPICALLY WILL NOT TAKE DISCIPLINARY ACTION FOR A SINGLE SONOMA COUNTY DUI. RATHER THEY ARE MORE CONCERNED IF ONE OR MORE DUI'S INDICATE THAT A LICENSEE HAS A SUBSTANCE ABUSE PROBLEM. WHERE ONE DUI MIGHT NOT CAUSE DISCIPLINE, TWO OR MORE MAY VERY WELL INDICATE ABUSE OR ADDICTION, OR POOR COMMON SENSE AND PROFESSIONAL JUDGMENT. (GRIFITHS, 96 CA4 757.)

DISCLOSURE & REMEDIAL MEASURES.  THE BEST COURSE IS FULL AND TIMELY DISCLOSURE IF REQUIRED, AND A WILLINGNESS TO ADDRESS SUBSTANCE ABUSE ISSUES IN YOUR LIFE. IT IS IMPERATIVE THAT YOU PROTECT YOUR CAREER BY PROMPT INQUIRY INTO APPLICABLE RULES, AND BY AVOIDING A SUBSEQUENT SONOMA COUNTY DUI INCIDENT OR VIOLATION OF PROBATION IN SANTA ROSA SUPERIOR COURT. IN ADDITION, CERTAIN REHABILITATION MAY SAVE A CAREER. FACTORS SUCH AS THE PASSAGE OF TIME, SUCCESSFUL COMPLETION OF SONOMA COUNTY PROBATION, REMORSE, CHANGE IN ATTITUDE, EXPUNGEMENT, ALCOHOL OR DRUG REHABILITATION, COMPLETION OF FORMAL EDUCATION, STABILITY OF FAMILY LIFE, AND COMMUNITY INVOLVEMENT CAN HAVE SIGNIFICANT IMPACT ON A LICENSING BOARD DECISION TO SOFTEN OR REVERSE DISCIPLINE. (B&P 480, 10 CCR 2911, ARNESON, 28 C3 440.)

NOTE THAT A CONVICTION FOR NEARLY ANY INFRACTION IS NOT A LAWFUL BASIS TO SUSPEND OR DENY A PROFESSIONAL LICENSE. (PEN 19.8, CVC 13202.5.) IF YOUR SONOMA COUNTY ATTORNEY IS SUCCESSFUL IN CAUSING YOUR MATTER TO BE DISMISSED, OR REDUCED TO AN INFRACTION, RISK TO A PROFESSIONALLY LICENSED CAREER MAY BE SUBSTANTIALLY MINIMIZED.

CLICK ON THESE LINKS FOR SAMPLES OF LAWS AND REGULATIONS GOVERNING PROFESSIONAL CONDUCT AND DISCIPLINARY APPROACHES FOR VARIOUS PROFESSIONS:

DOCTORS

NURSES

PARAMEDICS

BARBERS & BEAUTICIANS

THERAPISTS

TEACHERS

REAL ESTATE AGENTS

PILOTS

MILITARY

OR CLICK ON BEST LINKS ON THIS SITE AND THEN FIND YOUR LICENSING BOARD WEBSITE UNDER "AGENCIES AND ORGANIZATIONS," OR CONSULT YOUR PROFESSIONAL DIRECTORY FOR ADDITIONAL INFORMATION. INACTION WITH RESPECT TO A SONOMA COUNTY DUI OR OTHER CONVICTION IN THE SANTA ROSA COURTHOUSE MAY CAUSE SERIOUS CONSEQUENCES WHICH COULD HAVE BEEN AVOIDED WITH TIMELY INTERVENTION.

MILITARY AND LAW ENFORCEMENT PERSONNEL.
MILITARY AND LAW ENFORCEMENT PERSONNEL WHO ARE CONVICTED OF A DUI PRESENT SPECIAL SITUATIONS WHICH REQUIRE INFORMATION YOU RECEIVE FROM MILITARY COUNSEL, UNION REPRESENTATIVE, OR YOUR COMMANDER, AND COORDINATION OF STRATEGY WITH YOUR SANTA ROSA LAWYER. 

MILITARY RECRUIT. YOU MAY WISH TO CONSIDER ASKING YOUR LAWYER TO ATTEMPT TO AVOID THE TYPICAL THREE OR MORE YEARS OF SONOMA COUNTY PROBATION IF SUCH CONTINUING JURISDICTION BY A CIVILIAN COURT WOULD PRESENT OBSTACLES TO ENLISTMENT OR CONTINUED SERVICE. CLICK HERE TO SEE AN EXAMPLE OF A DUI DISQUALIFICATION LETTER DECLINING CONSIDERATION FOR ENLISTMENT UNTIL THE SONOMA COUNTY DUI CASE IS RESOLVED WITHOUT CONDITIONS (IN OTHER WORDS, WITHOUT CONTINUING PROBATION). SOMETIMES A LETTER OR OTHER PROOF OF NEED TO RESOLVE YOUR SONOMA COUNTY CASE WITHOUT PROBATION TERMS MAY HELP YOUR SANTA ROSA LAWYER TO OBTAIN SUCH A RESOLUTION. CLICK HERE TO SEE AN EXAMPLE OF A RECRUITING OFFICER LETTER REQUEST FOR NO PROBATION. IF YOU AUTHORIZE YOUR SANTA ROSA LAWYER TO SPEAK WITH THE APPROPRIATE COMMANDING OR RECRUITING OFFICER, OFTEN SEVERE CONSEQUENCES MAY BE AVOIDED.

MILITARY SERVICE. OBVIOUSLY, THE BEST WAY TO AVOID CONSEQUENCES IF YOU SUFFER A SONOMA COUNTY DUI WHILE SERVING IN THE MILITARY WAS TO AVOID THE DUI ALTOGETHER. THE SECOND BEST WAY IS TO TRY TO BEAT THE DUI BY HIRING A LOCAL SANTA ROSA LAWYER, SUCH AS JAKE, TO REVIEW THE CASE AND PRESENT YOUR OPTIONS. NEVERTHELESS, THE FOLLOWING CONSEQUENCES HAVE BEEN REPORTED BY SEVERAL COAST GUARD PERSONNEL PRIOR TO ANY ADVERSE COURT OR DMV FINDINGS: BASE DRIVING PRIVILEGES SUSPENDED FOR ONE YEAR, GROUNDED FROM FLIGHT OPERATIONS FOR 60 DAYS, ALCOHOL DEPENDENCY SCREENING BY COMMAND SURGEON AND/OR OFF BASE INTENSIVE EVALUATION AND TREATMENT, TWO ALCOHOL AWARENESS CLASSES PER WEEK FOR SIX WEEKS, COMMAND INVESTIGATION, CAPTAINS MAST NON-JUDICIAL PUNISHMENT, DOCUMENTATION OF ALCOHOL INCIDENT IN PERMANENT RECORD, FINE, SUSPENSION OF INCENTIVE PAY, AFTER HOURS WORK AND CONFINEMENT TO BASE.

COMMERCIAL DRIVERS.
COMMERCIAL DRIVERS WITH CLASS A OR B LICENSES FACE PARTICULARLY TOUGH CONSEQUENCES UPON CONVICTION FOR A SONOMA COUNTY DUI OR FAILURE TO WIN THE RELATED SANTA ROSA DMV HEARING. A TRUCK DRIVER, COMMERCIAL DELIVERY PERSON, OR FIRE ENGINE DRIVER MAY FACE LOSS OF CAREER BECAUSE A DUI CONVICTION WILL NORMALLY RESULT IN A ONE-YEAR LOSS OF HIS/HER COMMERCIAL LICENSE (CVC 15300). 

A SECOND DUI OR COMBINATION OF CONVICTIONS (EVEN IF THE PRIOR CONVICTION(S) WERE MORE THAN TEN YEARS AGO) WILL NORMALLY RESULT IN LIFETIME LOSS OF COMMERCIAL PRIVILEGES (CVC 15302). NOTE THAT THE DMV'S CURRENT INTERPRETATION OF CVC 15302 IS THAT THIS PENALTY IS NOT INTENDED TO INCLUDE DUI ARRESTS PRIOR TO THE OPERATIVE DATE OF SEPTEMBER 20, 2005. SOMETIMES THE ONLY WAY TO AVOID CATASTROPHIC PERSONAL OR ECONOMIC CONSEQUENCES IS TO WIN YOUR CASE AT TRIAL IN THE SONOMA COUNTY SUPERIOR COURT. DISCUSS YOUR SPECIFIC CASE WITH A SONOMA COUNTY ATTORNEY.

EMPLOYER PULL NOTICE ("EPN") PROGRAM.
AS REQUIRED BY VEHICLE CODE SECTION 1808.1, CERTAIN DRIVERS, TYPICALLY COMMERCIAL DRIVERS WITH CLASS A OR B LICENSES, OR CLASS C LICENSES WITH SPECIAL DRIVING QUALIFICATIONS, ARE ENROLLED BY THEIR EMPLOYERS IN THE EPN PROGRAM. PURSUANT TO THIS PROGRAM, THE DMV WILL AUTOMATICALLY GENERATE A DRIVING RECORD AND MAIL IT TO THE EMPLOYER FOR NEWLY ENROLLED DRIVERS, OR ANNUALLY FOR CURRENTLY ENROLLED DRIVERS, OR UPON AN "ACTION OR ACTIVITY" WHICH IS DEFINED BY LAW AS A CONVICTION, FAILURE TO APPEAR, ACCIDENT, DRIVER LICENSE SUSPENSION OR REVOCATION, OR ANY OTHER ACTION TAKEN AGAINST THE DRIVING PRIVILEGE. 

YOU CAN FIND MORE INFORMATION ON THE EPN PROGRAM BY CLICKING ON EPN PROGRAM. IF YOU ARE NOT REQUIRED TO BE PART OF THE EPN PROGRAM PURSUANT TO VEHICLE CODE SECTION 1808.1(K), THEN IF YOU ARE ENROLLED, YOUR EMPLOYER MUST OBTAIN YOUR PRIOR WRITTEN CONSENT, KEEP A COPY ON FILE AT YOUR WORKSITE, AND IMMEDIATELY REMOVE YOU FROM THE PROGRAM UPON TERMINATION OF YOUR EMPLOYMENT.

9.     FIXING TRIGGER PROBLEMS

IF YOU WANT TO AVOID AGGRAVATING THE JUDGE OR MAKING FUTURE ARRESTS EVEN WORSE, YOU MAY WISH TO CONSIDER FIXING SOME OUTSTANDING PROBLEMS. 

LICENSING AND EQUIPMENT
IT MAY VERY WELL BE IN YOUR BEST INTEREST TO GET A SUSPENDED DRIVER LICENSE FIXED, PROPERLY REGISTER ANY UNREGISTERED VEHICLE, PAY OFF OLD TICKETS AT THE SONOMA COUNTY COURTHOUSE IN SANTA ROSA, RENEW EXPIRED INSURANCE, AND FIX VEHICLE EQUIPMENT VIOLATIONS WHICH LED TO THE INITIAL STOP IN THIS INCIDENT OR COULD LEAD TO POLICE STOPS IN THE FUTURE. 

UNDER 21 EMPLOYMENT OR SCHOOL
IF YOU ARE UNDER AGE 21 AND LOST YOUR LICENSE DUE TO A FIRST DUI OR ZERO TOLERANCE CASE, THEN YOU MAY WISH TO CONSIDER APPLYING FOR A CRITICAL NEED LICENSE TO DRIVE IN SONOMA COUNTY IF YOU BELIEVE YOU CAN ADEQUATELY SHOW THE SACRAMENTO DMV THAT PUBLIC TRANSPORTATION IN YOUR AREA OF SONOMA COUNTY IS NOT SUFFICIENT TO ACCOMPLISH YOUR TRANSPORT TO AND FROM WORK OR SCHOOL OR YOU ARE THE PRIMARY MEANS OF TRANSPORTING A FAMILY MEMBER TO MEDICAL APPOINTMENTS. 

IF YOU DO NOT CURRENTLY WORK OR GO TO SCHOOL, THEN YOU MAY WISH TO REMEDY THAT SITUATION IN ORDER TO BETTER YOUR SELF AND TO IMPROVE YOUR CHANCES OF QUALIFYING FOR A RESTRICTED LICENSE. CLICK HERE TO BROWSE LOCAL COLLEGE CLASSES AT SONOMA STATE UNIVERSITY, AND SANTA ROSA JUNIOR COLLEGE, AND EMPIRE COLLEGE. YOU MAY ALSO WISH TO CONSIDER APPLYING FOR A BUILDING TRADES APPRENTICESHIP. CLICK HERE FOR COMPREHENSIVE LIST OF AVAILABLE CALIFORNIA APPRENTICESHIP PROGRAMS, INCLUDING CONTACT INFORMATION. SOME APPRENTICESHIP PROGRAMS ARE AVAILABLE IN SANTA ROSA AND SURROUNDING SONOMA AND NAPA COUNTY, SUCH AS CEMENT MASONS, ELECTRICIANS, OPERATING ENGINEERS, PLUMBERS & REFER MECHANICS, AND SOUND & COMMUNICATION. 

TO GET THIS RESTRICTED LICENSE, YOU AND YOUR ATTORNEY MUST BE ABLE TO DEMONSTRATE THAT ALTERNATE AND PUBLIC TRANSPORTATION ARE INADEQUATE TO TRAVEL TO WORK AND/OR SCHOOL, AND, ALTHOUGH SONOMA COUNTY TRANSIT IS ACTUALLY ADEQUATE IN MANY AREAS (CLICK HERE FOR SONOMA COUNTY TRANSIT SCHEDULES), YOU MAY QUALIFY FOR A RESTRICTED LICENSE IF YOU LIVE IN OUTLYING AREAS OF SANTA ROSA SUCH AS THE RUSSIAN RIVER, BODEGA, OCCIDENTAL OR SEA RANCH, WHERE A COMBINATION OF WORK AND SCHOOL REQUIREMENTS MAY REQUIRE THAT YOU CONTINUE DRIVING. 

CLICK ON  TEN TIPS TO GETTING YOUR LICENSE BACK  FOR A MORE COMPLETE EXPLANATION OF OBTAINING A RESTRICTED LICENSE, INCLUDING A COPY OF THE DMV APPLICATION.

ALCOHOL ABUSE OR ADDICTION
IF YOUR ALCOHOL LEVEL WAS HIGH (OVER 0.15%), OR IF THIS IS YOUR SECOND OR HIGHER DUI, OR OTHER AGGRAVATING ALLEGATIONS ARE PRESENT SUCH AS EVADING, ENDANGERMENT OR HIT AND RUN, THEN YOU MAY WISH TO CONSIDER ATTENDING AA MEETINGS TO BEGIN ADDRESSING ISSUES OR TO HEAD OFF CONTINUING PROBLEMS, PARTICULARLY IF THERE ARE NO SUBSTANTIAL DEFENSES IN THIS CASE. OFTEN, SONOMA COUNTY COURTS WILL REWARD VOLUNTARY PRE-SENTENCE SELF-HELP BECAUSE IT DEMONSTRATES PERSONAL AWARENESS AND RESPONSIBILITY, AND A LOWER LIKELIHOOD OF RE-OFFENDING. REWARD CAN INCLUDE CREDITS FOR JAIL TIME OR LOWER FINES. ONE MEETING PER DAY OR THREE OR MORE PER WEEK, AND PERHAPS ADDITIONAL OUT-PATIENT COUNSELING MAY BE VERY IMPRESSIVE TO A SANTA ROSA JUDGE.

YOU CAN FIND AA LOCATIONS IN SANTA ROSA AND SONOMA COUNTY BY CLICKING HERE: LOCAL AA MEETINGS, AND THEN SELECT THE SONOMA COUNTY LINK. THERE ARE MANY DIFFERENT TYPES OF MEETINGS IN SONOMA COUNTY SO DON'T BE DISCOURAGED IF YOUR FIRST MEETING DOESN'T SEEM TO FIT YOUR ISSUES OR PERSONALITY. IT IS IMPORTANT TO HELP YOUR SANTA ROSA LAWYER TO PROVE YOUR AA MEETING ATTENDANCE; CLICK HERE TO PRINT OUT AN  AA SIGN-UP SHEET AND KEEP A RECORD OF EACH MEETING ATTENDED, SIGNED BY THE MEETING MODERATOR. SAVE THE ORIGINALS AND GIVE COPIES TO YOUR SANTA ROSA LAWYER.

ARRESTEES WITH HIGH ALCOHOL LEVELS AND/OR MULTIPLE PRIOR DUI'S MUST UNDERSTAND THAT THE COURTS WILL ASSUME YOU HAVE AN ISSUE WITH ALCOHOL IN YOUR LIFE (PROBABLY FAIR CONSIDERING THE INCREASING TROUBLE YOU MAY BE FACING NOW). YOU MAY WISH TO SERIOUSLY CONSIDER AN ADDITIONAL LAYER OF TREATMENT SUCH AS KAISER OUTPATIENT OR RESIDENTIAL REHAB TO AVOID INCREASED PENALTIES OR BEING JAILED DURING THE COURT PROCEEDINGS IF THERE ARE NO SUBSTANTIAL DEFENSES IN YOUR CASE. CLICK HERE TO SEE A SAMPLE KAISER SCHEDULING COMMITMENT. DAY-FOR-DAY JAIL CREDITS CAN OFTEN BE OBTAINED FOR CONTROLLED RESIDENTIAL TREATMENT ACCOMPLISHED PRIOR TO SENTENCING. 

CLICK ON BEST LINKS ON THIS SITE, AND LOOK AT THE LAST SECTION OF THE FIRST "SELF-HELP" COLUMN FOR A COMPREHENSIVE LISTING OF LOCAL SONOMA COUNTY OUT-PATIENT AND RESIDENTIAL REHAB SERVICES, AND ALSO LOOK AT RELEVANT LINKS UNDER "DUI COMPLIANCE" TO VIEW OTHER SANTA ROSA AND SONOMA COUNTY DRUG AND ALCOHOL PROGRAMS. YOU MAY ALSO WISH TO STUDY THE DETAILED DESCRIPTION ABOVE OF SONOMA COUNTY'S NEW "DUI COURT" INTENSIVE ONE YEAR OUT-PATIENT JAIL ALTERNATIVE.

10.     EXPUNGEMENT

WHAT IS AN EXPUNGEMENT
IF YOU SUCCESSFULLY COMPLETED PROBATION AND YOU ARE NOT CURRENTLY SERVING ANY SENTENCE, ON PROBATION, OR BEING CHARGED WITH ANY CRIME AT THIS TIME, THEN UPON SUCCESSFUL APPLICATION TO THE COURT WHERE YOUR PRIOR CONVICTION WAS ENTERED, THAT COURT MAY VACATE YOUR GUILTY PLEA OR VERDICT, ENTER A PLEA OF NOT GUILTY, AND DISMISS YOUR CASE. THEREAFTER, IN MANY SITUATIONS YOU MAY LEGALLY SAY IT NEVER HAPPENED. THE PURPOSE IS TO ALLOW PEOPLE TO MOVE ON WITH THEIR LIVES WITHOUT FOREVER BEING REQUIRED TO DISCLOSE PAST MISTAKES. CLICK HERE TO SEE THE LAW USED FOR TYPICAL DUI EXPUNGEMENTS: PENAL CODE SECTION 1203.4.

ONCE YOUR COURT PROBATION IS COMPLETED IN SONOMA COUNTY, YOU MAY ASK YOUR SONOMA COUNTY ATTORNEY TO FILE AN EXPUNGEMENT PETITION IN SANTA ROSA SO THAT YOU CAN LEGALLY NOT DISCLOSE THIS CONVICTION ON A FUTURE APPLICATION FOR EMPLOYMENT IN THE PRIVATE SECTOR.  EVEN GOVERNMENT JOBS AND STATE LICENSING BOARDS OR OTHER SITUATIONS WHERE DISCLOSURE MIGHT STILL BE REQUIRED WILL, NEVERTHELESS, ALMOST ALWAYS VIEW A SUCCESSFUL EXPUNGEMENT AS A HELPFUL, COURT-APPROVED REHABILITATION, AND A RESPECTFUL FINAL OUTCOME. AS YOU CAN SEE BELOW, EXPUNGEMENT HAS LIMITATIONS, SO BE SURE TO ASK AN ATTORNEY BEFORE RELYING ON THIS PROCEDURE TO "ERASE" A DUI, BUT THE RESULTS CAN BE BENEFICIAL. SITUATIONS CAN ARISE UNEXPECTEDLY WHICH COULD HAVE BENEFITED FROM A PROPERLY SUBMITTED AND EXECUTED EXPUNGEMENT; IT IS WELL WORTH A REASONABLE FEE EVEN IF YOU DO NOT SEE THE NEED AT THIS MOMENT. DISCOUNT NATIONAL ON-LINE SERVICES HAVE BEEN KNOWN TO CHARGE AS LITTLE AS $495, BUT DEPENDABLE QUALITY FROM LOCAL LAWYERS TYPICALLY RANGE FROM $800 TO $1500.  

BENEFITS AND LIMITATIONS OF EXPUNGEMENTS
AN EXPUNGEMENT OF A SONOMA COUNTY DUI WILL RESULT IN THE DISMISSAL OF THE CASE WHICH WAS EXPUNGED AND ALLOW YOU TO ANSWER THAT YOU HAVE NOT BEEN CONVICTED ON APPLICATIONS FOR MOST NON-GOVERNMENT JOBS (OR JOBS NOT REQUIRING SECURITY CLEARANCES OR GOVERNMENT-ISSUED LICENSES, CERTIFICATES OR PERMITS). IN ADDITION, IN MANY CASES, EXPUNGEMENT IS THE FIRST STEP TO OBTAIN A PARDON.

AN EXPUNGEMENT OF A SONOMA COUNTY CASE WILL NOT REMOVE THE CONVICTION FROM YOUR CRIMINAL HISTORY RECORDS AT THE STATE OR FEDERAL LEVEL. RATHER THOSE RECORDS WILL STILL SHOW THE CONVICTION AND ALSO A DISMISSAL PURSUANT TO AN EXPUNGEMENT. AN EXPUNGEMENT WILL NOT PREVENT A SONOMA COUNTY CONVICTION FROM BEING USED AS A PRIOR OFFENSE TO INCREASE THE SEVERITY OF PUNISHMENT IN A NEW CASE. AN EXPUNGEMENT WILL NOT PREVENT THE CONVICTION FROM BEING USED TO CHALLENGE YOUR CREDIBILITY IF YOU TESTIFY IN A COURT CASE. AN EXPUNGEMENT WILL NOT PREVENT THE CONVICTION FROM BEING CONSIDERED IN GOVERNMENT LICENSING, CERTIFICATION OR PERMITTING MATTERS. AN EXPUNGEMENT WILL NOT PREVENT THE CONVICTION FROM BEING CONSIDERED IN IMMIGRATION PROCEEDINGS. AN EXPUNGEMENT WILL NOT ELIMINATE SEX OFFENDER REGISTRATION REQUIREMENTS. AN EXPUNGEMENT WILL NOT REINSTATE AN EX-FELON'S RIGHT TO POSSESS FIREARMS (ALTHOUGH A REDUCTION TO A MISDEMEANOR FIRST BY A SANTA ROSA JUDGE MAY ACCOMPLISH THIS IN CERTAIN CASES).

AN EXPUNGEMENT OF A SONOMA COUNTY DUI WILL NOT SEAL OR OTHERWISE REMOVE THE COURT FILE FROM PUBLIC ACCESS. IT IS IMPORTANT TO UNDERSTAND THAT ANYONE WHO IS PERSISTENT, SKILLED, OR KNOWS WHERE TO LOOK, WILL LIKELY FIND THE FILE OR CASE INFORMATION. THIS IS ESPECIALLY TRUE IN LIGHT OF THE PREVALENCE OF EXCELLENT INTERNET SEARCH ENGINES AND SERVICES (FREE AND FEE-BASED) WHICH MAY ALWAYS BE ABLE TO PRODUCE COURT AND MEDIA RECORDS OF ARRESTS AND CONVICTIONS.

HOWEVER, IT IS WORTH REPEATING THAT EVEN IF SUCH RECORDS MAY BE FOUND, OR IF DISCLOSURE OF AN EXPUNGED CONVICTION IS REQUIRED, OR IF USE OF AN EXPUNGED CONVICTION IS STILL PERMITTED IN CERTAIN SITUATIONS, NONETHELESS THE FACT THAT YOU OBTAINED AN EXPUNGEMENT FROM A SANTA ROSA JUDGE IS TYPICALLY VIEWED AS THE PROPER AND BEST MEANS OF SECURING AN OFFICIALLY-STAMPED ACKNOWLEDGEMENT OF REHABILITATION AND A RESPECTFUL FINAL OUTCOME WHICH SHOULD REDUCE THE WEIGHT AND SIGNIFICANCE OF THE CONVICTION IN MANY SITUATIONS. SITUATIONS CAN ARISE UNEXPECTEDLY WHICH COULD HAVE BENEFITED FROM A PROPERLY SUBMITTED AND EXECUTED SONOMA COUNTY EXPUNGEMENT; IT IS WELL WORTH A REASONABLE FEE EVEN IF YOU DO NOT SEE THE NEED AT THIS MOMENT.

RESEARCH YOUR CASE AND OTHER SUPPORTING DOCUMENTATION
IF YOU CHOOSE, YOU CAN ACCOMPLISH THE INITIAL WORK YOURSELF, BY OBTAINING A COURT "DOCKET" HISTORY OF YOUR CASE(S) FROM THE SONOMA COUNTY CRIMINAL COURT CLERK'S OFFICE AND BY FILLING OUT AN OFFICIAL EXPUNGEMENT FORM; CLICK ON THE LINK BELOW AND FILL OUT THE FORM ONLINE, PRINT IT AND SEND IT TOGETHER WITH YOUR DOCKET(S) TO A SANTA ROSA LAWYER SUCH AS JAKE TO REVIEW, COMMENT AND PROCESS IT THROUGH THE LEGAL SYSTEM FOR YOU.

IN ADDITION, AS YOU WILL SEE BELOW, THE LAW NOW REQUIRES THAT YOU APPEAL TO THE JUDGE'S SENSE OF JUSTICE WHEN A COURT CONSIDERS A PETITION FOR EXPUNGEMENT OF A PAST DUI. THEREFORE A GOOD SONOMA COUNTY LAWYER WILL ASK YOU TO WRITE A DESCRIPTION OF THE FACTS AND CIRCUMSTANCES OF THE CONVICTION, ANY EXPLANATIONS SURROUNDING UNSUCCESSFUL PERIODS OF PROBATION, AND A DETAILED ACCOUNT OF YOUR LIFE FROM THE DATE OF CONVICTION TO PRESENT DAY. YOU CAN ALSO BEGIN THE PROCESS OF COLLECTING ANY EVIDENCE OF REHABILITATION IN THE COMMUNITY BY MAKING COPIES OF DIPLOMAS, CHURCH LETTERS, EMPLOYMENT LETTERS, EVIDENCE OF CHARITABLE ACCOMPLISHMENTS, AND LETTERS OF RECOMMENDATION FROM FRIENDS AND COMMUNITY LEADERS. THE GOAL IS TO PRESENT A COMPELLING SERIES OF FACTS AND ARGUMENTS FOR GRANTING YOU RELIEF FROM THE EFFECTS OF A PAST MISTAKE BY SHOWING YOU HAVE BECOME AN OUTSTANDING AND RESPECTABLE CONTRIBUTOR IN SOCIETY.

USE A LOCAL ATTORNEY
IF YOU DON'T KNOW THE INFORMATION REQUESTED IN THE FORM, YOU CAN HAVE A LOCAL SONOMA COUNTY LAWYER RESEARCH AND PROCESS THE FORM ON YOUR BEHALF. IN ADDITION, HIRING A SONOMA COUNTY DEFENSE ATTORNEY MAY BE NECESSARY TO SUCCESSFULLY CHALLENGE A COURT'S ROUTINE DENIAL OF EXPUNGEMENT IF THE SONOMA COUNTY DISTRICT ATTORNEY'S OFFICE CONTINUES TO AUTOMATICALLY "REJECT" DUI EXPUNGEMENT PETITIONS AS THAT OFFICE HAS DONE IN THE PAST. FINALLY, THE EXPUNGEMENT LAWS CHANGED IN 2008 TO ELIMINATE THE ABSOLUTE RIGHT TO EXPUNGEMENTS IN DUI CASES (AND CERTAIN OTHER DRIVING OFFENSES -- SEE VC 12810(a)-(e)), REQUIRING A COURT TO USE ITS DISCRETION TO GRANT EXPUNGEMENT PETITIONS ONLY IN THE INTERESTS OF JUSTICE. (PC 1203.4(c)). A SANTA ROSA LAWYER FAMILIAR WITH THIS CHANGE IN THE LAW MAY BE A GREAT ADVANTAGE TO PROPERLY PRESENTING YOUR HISTORY AND SITUATION TO THE SONOMA COUNTY SUPERIOR COURT TO OBTAIN THIS VALUABLE CLOSURE.

MOST EXPUNGEMENTS TAKE APPROXIMATELY FOUR TO TWELVE WEEKS FOR AN ATTORNEY TO PROCESS AND ACCOMPLISH. CLICK HERE FOR THE FILLABLE FORM: PETITION AND ORDER FOR EXPUNGEMENT.  

LEGAL STUFF: © 2008 DAVE JAKE SCHWARTZ. MAY NOT BE REPRODUCED WITHOUT PERMISSION. ALL RIGHTS RESERVED.
NOTICE: THE TIPS ABOVE ARE NOT LEGAL ADVICE BUT RATHER THEY ARE INFORMATION INTENDED TO PROVOKE THOUGHT AND DISCUSSION.  LEGAL ADVICE CAN ONLY BE GIVEN BY A LAWYER DIRECTLY TO HIS CLIENT (AFTER BEING RETAINED AND FOLLOWING THOROUGH LEGAL ANALYSIS) AND MAY VARY ONCE FACTS AND YOUR INDIVIDUAL CIRCUMSTANCES ARE KNOWN. ALWAYS CONSULT WITH AN ATTORNEY, AND OTHER APPLICABLE LICENSED PROFESSIONAL(S), BEFORE ACTING IN ANY MANNER WHICH MIGHT AFFECT YOUR LEGAL RIGHTS OR LIABILITIES, OR OTHER SENSITIVE LIFE SITUATIONS.