Based on an offender’s blood alcohol content and whether he or she is a first-time offender, California requires certain alcohol awareness programs to be completed by those convicted of violating California Vehicle Code § 23152(a) VC (driving while under the influence of alcohol), and/or California Vehicle Code § 23152(b) VC (driving with a BAC of .08 or higher). While AB 541 is usually reserved for first-time offenders and someone with a BAC between 0.08% and 0.13%, AB 762 is assigned to those whose BAC was between 0.12% and 0.15%.
Title 9 of the California Health and Safety Code lists the minimum requirements for California’s DUI programs. California’s court-ordered DUI programs are structured to aid DUI offenders with substance abuse problems. These programs also try to educate participants about the dangers of driving while intoxicated.
AB 762 is a six-month outpatient program. While the California DHCS does not license any internet DUI programs and expressly states that DUI classes offered on the internet do not meet the state’s DUI program requirements, it has acquiesced to these programs being held online because of the COVID-19 pandemic.
Like the AB541 program, the AB 762 program includes one intake or initial evaluation interview, then six monthly individual counseling sessions lasting a minimum of fifteen minutes per session, ten alcohol/drug awareness education classes that total 15 hours), and twenty group sessions that total 30 hours.
The health department of each California county may add classes to the curriculum and require their completion before a certificate of completion may be issued. Riverside County adds Alcoholics Anonymous meetings to the list of DUI programs.
In most California counties, a mandatory alcohol/drug awareness education program may fulfill court or state-mandated requirements. A defendant with an experienced criminal defense attorney may convince the court for a pretrial diversion of a criminal charge or offense.
John Patrick Dolan defends those Californians charged with criminal offenses but he also helps them find the road to recovery through diversion programs and other available programs. Mr. Dolan has over forty years of experience helping well-intentioned Californians move forward from their criminal past and make lasting contributions to the Coachella Valley as valued members of the community. Call the Dolan Law Firm today at (760) 775-3739 or find out more online here.
