Legal Question in DUI Law in California

Typically, if you don't turn yourself in when you're supposed to, then the court issues an arrest warrant. If there is a warrant in your case, then it is usually best to deal with it rather than risking a sudden and unplanned stay at the local jail next time you meet an officer or if they come looking for you. Most people in your situation should get the jail over with, and then you can deal with the finances.

Regarding the DUI program, if you do not complete the program as directed, then typically you would be in violation of your probation (arrest warrant in some counties and possible additional jail exposure -- usually unlikely but it is possible) and in most cases you will not be able to re-obtain full (or any) driving privileges from DMV until program completion. If you need more time, you should continue asking for it rather than just giving up. BUT...

You cannot be denied participation in a DUI program just because you can't pay. This is so because 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.

Title 9 Section 9879 of the California Code of Regulations (which you should read carefully to see how it applies to you -- find it at http://www.oal.ca.gov/ccr.htm) 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).

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.

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."

If you have financial issues with other aspects of your sentence, it is usually best to use the same approach of asking for income-based sliding scales, realistic payment plans, etc...but one should be sure to stay current on payments with any payment plans so that there is no risk of becoming delinquent, collections, license holds, etc...

If you live in Sonoma County and wish to retain the services of a DUI lawyer, or wish to find more information about getting your license back, then feel free to access my website at www.sonomacountyduilawyer.com.

Good luck,

Jake