Legal Question in DUI Law in California

What do you mean by "modified for the last time with the court?" Did the judge say, "Sir, this is your last chance, start the DUI program or I will violate your probation?"

Judges often say things like that, but they can't violate your probation if you truly can't afford to pay for the DUI program. If you are disabled and have a fixed income, you may be off the hook, but the program is not outrageously expensive and they usually offer payment plans.

Your best bet is to scramble up the money, one way or another. Pick up cans to recycle if you have to. You won't get your license back if you don't do the program, anyway.

If you absolutely, positively cannot afford it, then you need to go back to court and ask the judge for another extension based on your ability to pay.

If you don't comply with the terms of your probation, you'll go to jail. If you need more time, etc., you have to go to court to ask for it.

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 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 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