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if an individual has already completed SB-38 for a prior DUI and reoffends must they repeat the program?Where is this in the Vehicle Code?
Asked on April 23, 2009 under Criminal Law, California
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, the state has this right. Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Typically these programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. Since you don't give specifics of your case I assume this was what happened to you. That being the case you should consider yourself lucky. If all you are required to do for your second offense is to repeat the program you should do it. Even if this isn't the case, it sounds as though it wouldn't hurt you to do it again.
Also, I think you have bigger worries. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail.
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