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The Role of Alcohol Education Programs After Conviction

By Vincent John Tucci | Managing Partner & DUI Defense Attorney

Purpose: rehabilitation and risk reduction

California’s DUI programs are state-licensed and supervised by the Department of Health Care Services (DHCS). Their objective is to reduce repeat DUI offenses through education, counseling, and accountability—not just to “check a box.” DHCS overview.

Program lengths by outcome

First offense on probation — The court must order enrollment/completion in a licensed program. Statutes specify:

  • 3-month (30 hours) for BAC under 0.20% with education, group counseling, and individual interviews. H&S §11837(c)(1)
  • 9-month (60 hours) if BAC is 0.20% or greater or for a test refusal. VC §23538(b)(2)

“Wet reckless” (reduced charge) — Typically requires a 12-hour education program, rather than months of classes. DHCS DUI Programs

Second/subsequent offenses — An 18-month multiple-offender program (52 hours group counseling, 12 hours education, biweekly individual interviews in the first year, and 6 hours re-entry monitoring). Some jurisdictions also run 30-month programs for higher-risk cases. DHCS detail

What you’ll do in the program

  • Education: decision-making, pharmacology, and driving risk.
  • Group counseling: facilitator-led sessions focused on behavior change.
  • Individual interviews: progress checks and compliance monitoring.

Court order vs. DMV action

The court’s program requirement is a criminal probation condition. Separately, DMV can impose an Administrative Per Se suspension/revocation; to challenge it, you generally must request a DMV hearing within 10 days. DMV DUI (APS)

How advocacy affects program length

Defense work doesn’t “shorten” a program once it’s imposed by statute; it changes the conviction outcome—for example, negotiating a reduction to wet reckless (12-hour) instead of a 3- or 9-month DUI track. We align plea posture with program and DMV exposure, then help you enroll with an approved Orange County provider. See: DUI penalties and License suspension.

Costs & financial hardship

Under DHCS rules, programs must offer financial assessments; many participants qualify for reduced payments (as low as $5/month) or extended plans. DHCS: DUI Program Fees

FAQs

Which program will I have to take?

Your conviction and BAC control the length (e.g., 3 or 9 months for first offenders under VC §23538; 12 hours for wet reckless; 18 months for second offenses). See statute and DHCS links above.

Can I take classes online?

Delivery and acceptance vary by court/county/provider. Enroll with a licensed program and follow your court order. DHCS licenses and monitors all DUI programs. DHCS overview

How fast must I act with DMV?

You generally have 10 days from notice to request an APS hearing. DMV DUI (APS)

Talk with Braden & Tucci

We align court strategy, program selection, and DMV defense to minimize downtime and risk. Call (949) 996-0170 or visit caduilaw.com.

Disclaimer: This article is for general information only and not legal advice. Outcomes depend on facts and jurisdiction. Consult an attorney about your situation.

Author: Vincent John Tucci, Managing Partner & DUI Defense Attorney, Braden & Tucci, 82 Discovery, Irvine, CA 92618. Tel: (949) 996-0170.

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Hi Vince,

I just wanted to take a minute to thank you again for the great job you did keeping Rick out of prison. You are awesome!!! I’ll be sending the rest of your fee ASAP. Thanks again :-}

L.T., San Bernardino, California

Hi Vince,

I just found out that I have gotten my medical license back without any restrictions or probation!!!!! I cannot express how thankful I am that you went the extra mile to help me when I know that you did not have to. You are an amazing lawyer, but more than that you are a great person. Really I am forever greateful.

P.S, Los Angeles County, California

*This case was a first offense DUI with a .19 blood alcohol level that I got reduced to a dry reckless and won the DMV hearing. I also assisted the client with the medical board of California and the Attorney General’s office……Vincent John Tucci, President of the CA DUI Lawyer’s Association

Hey Vincent,

Just wanted to thank you in writing for your flawless work in court today for my DUI case. I’ve heard it before but today I got to witness first hand that district attorneys and prosecutors don’t necessarily care about the truth or sometimes even evidence. What they care about the most is winning, regardless of the evidence or shady testimony of their key witnesses. I can honestly say that if I did not have you as my attorney and advocate, the prosecutor would have minced me up and grounded me to little bits of pieces. Your knowledge of the law and to effectively use that knowledge for the benefit of your client is in my opinion an art form and you have mastered it. I’m so happy that I trusted my instincts to retain your services. You did not let me down.

Thanks again Vincent!
Best regards,

Peter A.