Oceanside, CA asked in DUI / DWI for California

Q: How can I get my DMV mandated group sessions, etc reduced? It is now 18 months

2nd DUI. 1st was wet reckless 9 1/2 years ago. The court through a plea gave me a 3 month DUI education/group mtg requirement instead of the usual 18 months. Circumstances include I'm older, 69, wife died, financial issues, covid struck. DMV decided it would be 18 months instead. My lawyer didn't think it a good idea to attend the DMV hearing - let sleeping dogs lie. I'm in the second month. I realize the DMV operates independently from the courts (been told this numerous times. Is there anyway I get this reduced. Any strategy at all that has a chance of success? Can a judge tell the DMV to roll back the 18 month program to a shorter one? Is there any recourse with the DMV at all once they decide. I see the longer program as mainly punitive and not 'educational'.

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2 Lawyer Answers
Jeff  Yeh
Jeff Yeh
  • DUI & DWI Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Unfortunately, DMV operates independently from court. Because it is your second DUI (the wet counts as a1st), DMV will require the 18-month program. Therefore, if you ever want your license back, the SB-38 is what you will need to attend and complete.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: To potentially reduce the duration of mandated DMV group sessions for your DUI offense, consider the following steps:

Consult with a DUI attorney to understand your options.

Request a hearing with the DMV to present your case and supporting evidence.

Provide compelling reasons such as your age, personal circumstances, financial difficulties, and the impact of COVID-19.

Advocate for yourself during the hearing, emphasizing why a shorter program would be more appropriate.

Keep in mind that the final decision rests with the DMV, and consulting with an attorney will provide personalized guidance based on your jurisdiction.

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