4. DUI Classes
In Sonoma County, the drinking driver DUI 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.
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 Ukiah, Napa, San Rafael, Vallejo, or one of many programs in San Francisco. Every county has at least one licensed program, and many counties have more than one program.
You can find early contact information on this site by clicking on Resources 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.
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 Santa Rosa DUI attorney which program length is correct, rather than relying on information or "advice" from the DUI program staff. You may risk DMV rejecting re-licensing or other bureaucratic messes by enrolling in the wrong DUI program without competent legal advice from a Sonoma County DUI lawyer. You must start classes within 21 days of enrollment. 9 CCR 9848. Programs are required to offer a sliding scale for fees depending on ability to pay. 9 CCR 9879. Programs offer monthly payments to accomplish the DUI program fee. Be sure to keep your Payment Receipt.
Client comment: "Jake, I survived DUI class initiation. It's kinda funny that they said everything you said they would; it was scary. I thought a few times that they were going to deny me."
Client comment: "Thanks for the letter and the instructions on how to proceed. I went to my DUI orientation class yesterday...I believe I was the only person in a the very full room who had not lost their license. I sat next to a woman with a heavy Russian accent who told me a bit of her story. At the end I concluded that either [a] she had been taken advantage of and had a truly terrible lawyer, or [b] she was lying convincingly. I gave her your name in case it was the former but she said that it was a done deal. There were lots of people who asked questions indicating that they had been misinformed or underinformed by their lawyers. The DUI Program staff people stated repeatedly that DUI lawyers don't know the law around this and call them with questions every day. I have to say, I knew the right answers to any questions that pertained to my own situation, though I did not offer this information. Thanks for helping me through this. I have not yet but will definitely write a recommendation for you to post on your incredible website if you like. Your resource lists and links are so extensive and detailed, they would make a social service agency proud."
Be sure you can supply your Sonoma County Superior Court Case Number, and either the court order showing your referral, or 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. (see, State Letter Re: Enrollment Documents). If you hired a Sonoma County DUI 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 program office so that you can properly and timely accomplish your enrollment while minimizing your stress and inconvenience.
Client comment: "After that they gave me a hard time about where I got my "H6" form and acted like it wasn't good enough. In the end, it worked. (I used the DMV record you emailed with my case # written on it). They were somewhat flexible on the schedule. For somebody like me it sucks no matter what... at least it will be over in 10 weeks. They also pushed out my first class a bit to help assure I'd have my restricted license to get me to and from the classes on my own. I just wanted to let you know, so you could share with other clients who may ask specific questions."
Ability to Pay Program Fees
DUI programs are notorious for failing to offer financial needs assessments even though they are required to do so.
Client comment: I told them I couldn't afford the $550 fee, and the lady said "you are required to pay this down payment of $200, and just let us know if you think you'll be late on the rest; we can work something out."
Client comment: I told them what you said about a sliding scale, but the counselor told me there is no such program unless I'm pregnant.
You cannot be denied participation in a DUI program just because you can't pay. This is so because completion of the DUI program is required by the court to comply with its orders, and by DMV to re-obtain your driver license, and it wouldn't be fair if such requirements could only be satisfied by those who can afford it. Programs are required to post a notice at each location at which program services are provided, in a location visible to all participants and to the general public, informing them of the option to request a financial assessment to determine ability to pay.
The specific government regulation covering this area is contained in 9 CCR 9879, which states that "The program shall not deny services to a participant if, based on the results of a financial assessment, the program determines that the participant is unable to pay..." Note that there is a minimum fee of $5 per month, and the program may charge you regular fees up to the time that you asked for the assessment (assuming they are complying with these rules).
If you have asked for a financial assessment, and provided the required proof of income/inability to pay, and you feel that the review by your program was not fair or adequate, then you may request a review by the department that regulates these programs: "A participant may request the Department to review a financial assessment conducted by the program, in accordance with this regulation. To do so, the participant shall submit a written request to the Driving-Under-the-Influence Program Branch, Department of Alcohol and Drug Programs, 1700 K Street, Sacramento, CA 95814."
It May Be Smart to Arrive Very Early for the First Visit (First Offenders).
For some people it is critical to get signed up on the day that you go for your first visit to the Sonoma County DUI program at the Coddingtown Center in Santa Rosa. If your DMV administrative process (not court) resulted in a mandatory first 30 days suspension (most people), and that period is over or nearly over, then early DUI program enrollment will increase the likelihood of the DUI program filing proof of enrollment with DMV in time for you to be eligible for your restricted license right at the end of the first 30 days suspension rather than suffering more suspension time than necessary or required.
Specifically, the Sonoma County DUI program flyer states that, "Program intakes begin immediately after orientation on a first come, first serve basis. Only the first few people will have intake appointments the same day as orientation. A sign-up list is put out a half-hour before the door opens. The number of intakes conducted is dependent on staff availability. The remaining individuals will schedule an intake appointment for a later date. Please note that you are not fully enrolled in a DUI program until you complete an intake appointment. A proof of enrollment certificate, required to obtain a restricted license, will NOT be issued to the DMV until you complete this appointment."
Good DUI lawyers advise most clients whose first 30 days of the administrative suspension started more than two weeks prior to the first visit, to arrive at least 2-1/2 hours before the stated time that doors open. The number of people showing for enrollment varies day to day and week to week, and the number of people enrolled on a particular day varies as well.
Client comment: "I'm all set up with the SR 22 and am enrolled with DUI classes. Good thing you told me to show up 2 hours early - they only enrolled the first two people!"
Client comment: "Hi Jake, I was the first to arrive for the enrolment, almost two hours early, and it was worth it. They only accepted 4 people for the intake and all others were going to be scheduled for after March 26 (three weeks later). I am now enrolled and also have an S-22. I expect to pick up my restricted license on March 12, in time for my first DPP class on March 15. As an aside, I'm glad I picked up the H-6 ($5) at the DMV. Just one thing less to think about while I waited.
Client comment: "Jake, I got enrolled in the program and have the SR22 now. Thanks for the tip to get there early. I was #3 of 5 enrolled that day. I got there 2 hours early; I remember the next guy arriving about 20 minutes later and the last lady maybe 10 minutes after him. Most of them showed in the last 30-45 minutes. Total of about 27 people. Everyone else will be enrolled next week. Just nice to not have to go back."
Client comment: "Jake, I think you asked that I let you know anything interesting about the DUI class. I arrived 2-1/2 hours early, at exactly the same time as two others. About 1/2 hr later, a fourth person showed up. About 45 min before "the doors unlocked," some lady came out demanding to know the first three arrivals. (She was a counselor there). Long story short, they took the first four out of about twenty, the first three arrivals being 2-1/2 hours early (the rest given an appointment weeks later, so depending on timing, their restricted licenses will undoubtedly be delayed). This would be most important information for those trying to get a restricted license right after their first 30 days expired and before the classes begin."
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 complete schedule in the next link below, from which a participant would pick just one day and time of the week to attend 10 weeks (sample subject to change and availability, and there are at least two separate weekly sets of schedules, so ask for all options and then select your individualized 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 (Tues Late Afternoon)
Sample #2 For 3-Month Class Schedule (Weds Late Afternoon)
Sample #3 For 3-Month Class Schedule (Weds Eve)
Sample #4 For 3-Month Class Schedule (Thurs Morning)
Sample #5 For 3-Month Class Schedule (Thurs Late Afternoon)
Sample #6 For 3-Month Class Schedule (Fri Late Afternoon)
Typical Extended and Multiple Offender Class Schedules. Click here for examples of Sonoma County's typical extended first offender 9-Month Class Schedule (Mon Morn/Tues Late Aft) and 9-Month Class Schedule (Weds/Fri Eve) for first offenders with over .20% blood alcohol or refusal cases; or the first year of a typical multiple offender 18-Month Class Schedule (Thurs/Fri Eve Including Guerneville). Here is another 18-Month Class Schedule (Tuesday Evenings in Santa Rosa), and another 18-Month Class Schedule (Friday Evenings 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 programs. 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. Intimately familiarize yourself with the Sonoma County DUI program First Offender Program Agreement, as well as the DUI Program packet and any other documents or warnings given, in order to be fully informed of the rules. Although the Santa Rosa drinking driver DUI 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, Sonoma County DUI lawyers advise that 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.
Terminations
If you are terminated from the Santa Rosa DUI program, you should receive a termination letter. For example if it is alleged that you failed to attend or contact the program, then you may receive a Non-Contact Termination Letter from the Santa Rosa DUI program, or if you are terminated for having alcohol on your breath (9 CCR 9874), then you may receive a Sobriety Failure Termination Letter. In most cases, these letters are also transmitted to the court where a Judge will decide whether to call you in for a possible violation of probation or other action. Typically, the DUI program will simultaneously transmit to DMV a Dl 101a Notice Of Non-Compliance, which, in turn generally results in a DMV "Order of Suspension" Letter, etc. Contact your Sonoma County attorney promptly to see about a re-referral, especially if this is your second or higher DUI (Sonoma County does not typically allow calendaring a re-referral for a first DUI). Rules on re-referrals vary among counties. Sonoma County will re-refer some terminations with a simple over-the-counter request at the court clerk's office.
Drinking Driver Program Policies And Decisions May be Challenged.
Sonoma County DUI lawyers understand that many DUI programs are not as informed about the laws and regulations they apply as they think they are; their practices and decisions may be changed or challenged. For example, according to 9 CCR 9876.5, you and your Santa Rosa DUI lawyer may be able to provide proof to the Sonoma County DUI 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 DUI 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 DUI lawyer if the Sonoma County DUI 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.
DUI 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.
People are often told they may not enroll in a DUI program until convicted of a DUI, or at least until the separate DMV Admin Per Se hearing process is completed. 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. The Sonoma County DUI program has a Program Waiver to facilitate early enrollment when there is some question regarding type of enrollment. 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.
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 attending an equivalent program in your home state, 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.