National Council on Alcoholism and Drug Dependence - Orange County

DUI FAQ

There are two ways a DUI arrest can result in the suspension of your California drivers license. The first is losing your DMV hearing. The second is being convicted of DUI in court. Either of these events triggers a license suspension. The length of the California drivers license suspension (and the availability of a restricted license) depends on whether you have prior DUI or wet reckless convictions, and whether you refused to take a DUI blood or breath test.

An SR-22 is essentially a document, provided by your auto insurance company, verifying that you carry car insurance with at least the California state minimum liability coverage. The SR-22 indicates the expiration date of the policy, and a pledge by the insurance company to notify the DMV immediately if the policy gets cancelled before the expiration date.

Generally not. If you do have a prior criminal record, especially prior DUI or driving-related convictions, this can put you in worse shape when it comes to negotiating your DUI case. But the reverse is not true. Rarely can you get the DUI charge reduced or dismissed, or the standard DUI penalties cut down, merely because you have no prior criminal record.

Costs for DUI have been estimated to be more than $8800. (Actual costs may vary). Here is a conservative itemized breakdown for a first DUI offense:

Fines/Penalties ..................................................... $1,500
Tow/Impound Fee .................................................... $ 215
DUI Treatment Program (First Offender)...................... $ 543
Court Costs ............................................................ $ 800
Insurance Increase ............................................... $ 2,700
Attorney Fees ...................................................... $ 2,500
Resitution Fund ..................................................... $ 500
DMV Reissue Fee ................................................. $ 100
Total Approximate Cost ........................................ $ 8,858

Yes, you or your California DUI attorney must contact the DMV within 10 days of a DUI arrest in order to demand what's called an "Administrative Per Se" or APS hearing. The APS hearing is your chance to challenge and fight whether your California drivers license gets suspended. If you fail to act within the 10 days: If you fail to contact the DMV within the 10 days of the DUI arrest, then you forfeit the right to an APS administrative per se hearing. Your California drivers license will go into suspension 30 days from the date of the DUI arrest. If you do act within the 10 days: If you do contact the DMV within 10 days of the DUI arrest, then you preserve your right to the APS administrative per se hearing. In that case, your California drivers license remains valid until the outcome of the hearing is determined. The drivers license only goes into suspension if you ultimately lose your hearing.

A California DUI conviction is never really "cleared" or "removed" from one's criminal record. Anyone who does a criminal records background check is likely to see that the DUI conviction took place. This remains the case even years or decades after the fact.

You may pay with Credit Card/Debit Card or Cash. We do not accept a check for your first and last payment. A $200 deposit is required at enrollment in cash or check.

Once you have enrolled in a program at one of our locations, we will file electronically with the DMV, which takes about a day or two. At that point you can go into the DMV and they will have your enrollment on file and you can apply for a restricted license.

The federal government enacted regulations in the early 1970's to guarantee the confidentiality of information regarding an individual that is receiving alcohol and/or drug abuse prevention and treatment services. These regulations were enacted to encourage persons with alcohol and/or other drug problems to get help without incurring the rest of adding to their problems. The regulations (Code of Federal Regulations 42, Part 2) apply to any licensed and/or certified recovery/treatment program and all the personnel connected with that program. In 1996, Congress also enacted Public Law 104-9 known as the Health Insurance Portability and Accountability Act (HIPAA). One of the provisions under HIPAA requires the federal Department of Health and Human Services to adopt national standards for electronic health care transactions, and privacy and security rules to protect individual's identifiable health information. ADP, as well as California's licensed and certified AOD programs are currently required to comply with stringent confidentiality rules under federal regulations. For more information on HIPAA, you may contact the ADP-HIPAA Compliance Section at (916) 327-3133.

Yes, we do allow you to make your payments for your program on a payment plan. The monthly payments will depend on what program you are enrolled in.

Yes, our Irvine and Santa Ana locations provide the programs you will need to take, so you will not have to visit more than one location to complete your program.

California DUI laws provide for an enhancement (or increased penalty) when the person's BAC measures .15 or higher. The only mandatory consequence of a .15 BAC is a 9-month alcohol program rather than a 3-month alcohol program. However, in practice many prosecutors will seek-and many judges will impose-tougher DUI sentences the higher the person's BAC level.

California law defines the crime of DUI two different ways: Vehicle Code 23152(a) is driving while under the influence of alcohol or drugs or both; Vehicle Code 23152(b) is driving with a blood alcohol level of .08 or higher. California law considers these to constitute two separate misdemeanor offenses. DUI suspects routinely get charged with both.

No, we DO take volunteers for all of our programs. You can come into one of our locations during the week and sign up for a program and once you have your court hearing we will adjust your program as necessary.