What Sets the DUI Program a California Court Orders
California DUI school requirements turn on three facts: the offense of conviction, the blood alcohol result and the person’s record of prior convictions. Those facts fix a minimum program length, from an education component after some wet reckless pleas to 30 months for some repeat offenses. A judge can order more than the minimum, and only a state licensed program counts. The program also links to the license, since the DMV will not restore driving privileges without proof of completion.
The sections below follow the program levels in the order the Vehicle Code sets them. Sources reviewed in October 2026 include the Vehicle Code, the Health and Safety Code and the Department of Health Care Services DUI program page.
Who Licenses Programs That Meet California DUI School Requirements
Under Health and Safety Code section 11836, the Department of Health Care Services has sole authority to license DUI programs. A provider first needs a recommendation from the county board of supervisors. The board may limit a provider to first offender services, to repeat offender services or allow both.
The DHCS DUI programs page describes the same split. Under that page, the county decides the need for services and recommends applicants. DHCS then licenses programs, sets regulations and approves participant fees. Section 11837.4(e) also bars a county or program from adding requirements unless DHCS approves them.
Where a Person Can Attend
Courts may refer people only to licensed programs. Health and Safety Code section 11837.2 lists the counties where a person may attend. These are the county of conviction, the county of residence and a county that has an agreement with the county of residence. A county approved for a transfer also qualifies.
For a first offense, Vehicle Code section 23538(b) points to a program in the driver’s county of residence or employment, as the court designates. That matters for people who live in one county and work in another. Moving partway through raises other questions, which the article on DUI school transfer rules covers.
California DUI School Requirements for a First Offense
Most first cases fall under Vehicle Code section 23538. When the court grants probation in a county with a licensed program, it must order the driver to enroll in, participate in and complete one. For a blood alcohol concentration under 0.20 percent, the program lasts at least three months. It must include at least 30 hours of education, group counseling and individual interviews.
The words “or longer, as ordered by the court” also appear in that subdivision. So three months is a floor rather than a fixed term. The DHCS page describes this level as a three month, 30 hour alcohol and drug education and counseling program. The article on California first DUI penalties explains how the program fits with jail, fines and probation.
California DUI School Requirements at 0.20 Percent or After a Refusal
A higher reading changes the program. Section 23538(b)(2) sends a first offender at 0.20 percent or more to a program of at least nine months and 60 hours. The same rule applies to a first offender who refused a chemical test. The article on high BAC DUI consequences covers the other effects of a high result.
Beyond classes, the longer program can include treatment. Health and Safety Code section 11837(d) lets DHCS specify by regulation the activities for nine month participants. It also lets any licensed program provide treatment services to participants receiving at least six months of program services.
A First Offense That Caused an Injury
A first conviction under Vehicle Code section 23153 follows a parallel rule. Vehicle Code section 23556 uses the same split as section 23538. Under 0.20 percent means at least three months and 30 hours. At 0.20 percent or more, or after a refusal, the program runs at least nine months and 60 hours. The guide to California DUI injury charges covers the rest of that sentence.
California DUI School Requirements After a Wet Reckless Plea
A wet reckless is a plea to reckless driving under section 23103 in place of a DUI charge. Under Vehicle Code section 23103.5(e), the court must order an alcohol and drug education program as a probation condition. The person completes at least its educational component. The DHCS page describes this as a twelve hour DUI education program.
A judge can leave the education out only on a finding of compelling circumstances, stated on the record. In contrast, a wet reckless within 10 years of another wet reckless or a DUI conviction brings a longer program under section 23103.5(f). That program runs nine months or longer, with at least 60 hours. The article on the California wet reckless plea explains how it counts as a prior.
Drivers Under 21 Convicted Under Section 23140
Section 23140 covers drivers under 21 with a blood alcohol concentration of 0.05 percent or more. For a first violation by a person at least 18, Vehicle Code section 23502 requires a licensed program. With no listed prior within 10 years, the person completes at least the education component. Otherwise, the person completes at least the three month, 30 hour program.
Section 23502(d) adds a license warning. The court must advise that the driving privilege will not return until the DMV receives proof of completion. The article on California underage DUI cases covers the separate zero tolerance rules.
California DUI School Requirements for a Second Offense
A second DUI within 10 years moves the case to the multiple offender programs. When the court grants probation, Vehicle Code section 23542(b) requires one of two choices. One is a licensed program of at least 18 months. The other is a licensed program of at least 30 months. Either way, the time runs from the date of the current violation.
DHCS lists what the 18 month program involves. It includes 52 hours of group counseling and 12 hours of alcohol and drug education. It also includes 6 hours of community reentry monitoring and biweekly individual interviews during the first 12 months. Section 11837.4(b)(1) matches that pattern, with face to face interviews at least every other week for the first year. The article on a California second DUI covers the other penalties.
California DUI School Requirements for Third and Fourth Offenses
For a third DUI within 10 years, Vehicle Code section 23548 generally requires an 18 month program. However, the court may order a 30 month program if the person specifically requests it and shows good cause. In that case, the minimum jail condition drops from 120 days to 30 days. A person who already finished a 12 or 18 month program is not eligible for the 18 month referral, unless no 30 month program is available locally.
Section 23552 sets the same structure for a fourth offense, with 180 days as the base jail minimum. DHCS describes the 30 month program as 78 hours of group counseling and 12 hours of education. It also requires 120 to 300 hours of community service and close individual interviews. Still, section 11837.4(d)(2) allows a 30 month referral only where such a program exists in the court’s jurisdiction. The guides to a California third DUI and a California fourth DUI cover those cases.
Repeat Offenses That Involve an Injury
Injury cases with priors follow their own sections. For a second section 23153 offense, Vehicle Code section 23562 gives the court two sets of probation terms. One sets at least 120 days in county jail. The other sets at least 30 days and adds an 18 or 30 month program, if available in the county of residence or employment. Either way, section 13352(a)(4) ties license reinstatement to finishing the program described in section 23562(b)(4).
For a later injury offense, section 23568 requires an 18 month program or, where available, a 30 month program. The court orders it whether or not the person finished an earlier program.
Older Priors and the Assessment Program
A prior outside the 10 year window does not make a case a second offense. Even so, it can affect the program. Vehicle Code section 23646(b)(3) requires an alcohol and drug problem assessment when a prior DUI violation occurred more than 10 years ago. The same applies after a prior public intoxication conviction under Penal Code section 647(f).
The assessment is also mandatory for a DUI within 10 years of another, and the court may order it in any DUI case. Afterward, the program can change. Vehicle Code section 13352(a)(1)(A) says that when the court orders an 18 or 30 month program in this setting, the DMV requires that program instead of the first offender program. Where a county assessment program operates, section 23649 allows an assessment fee of up to $100. The article on the California DUI lookback period explains how the 10 years are counted.
How the Court Chooses Among Programs
Section 11837(b) lets the court consider presentence investigation information or another screening. That information may not come from anyone with an interest in a private licensed program. The court must also obtain the person’s DMV driving record to confirm eligibility for an 18 or 30 month program.
The court’s choice then travels to the DMV. Under section 11837(f), the court clerk notes the ordered program length on the abstract sent to the department. The article on the DUI sentencing hearing describes when these decisions usually happen.
Timing Rules Within California DUI School Requirements
Each sentencing statute contains the same timing rule. Enrollment, participation and completion must come after the date of the current violation. Credit is not given for program activities completed before that date. As a result, classes taken after an earlier case cannot be reused.
The court must also warn the person at sentencing. The driving privilege will not be restored until the DMV receives satisfactory proof of completion. For how that proof works, see the article on DUI school completion proof. Failing to enroll, participate or finish can lead the court to revoke probation unless good cause is shown, as the guide on DUI school missed classes explains.
Group Size and Treatment Credit
State law also shapes how sessions run. Under section 11837.4(b)(3), group discussions and counseling sessions are scheduled for no more than 15 people. On an emergency basis, a session may reach 17 but no more. Classes and lectures are not subject to that limit.
The same paragraph allows credit for some outside treatment, unless the referring court prohibits it. A participant may enter a licensed chemical dependency recovery hospital or residential treatment program using personal resources. If the stay lasts at least two weeks, each week earns three weeks of program credit, up to 12 weeks in total.
Paying for DUI School
Programs are funded by participant fees, and DHCS approves every fee schedule under section 11837.4(b)(2). Programs must let people pay at times and in amounts that fit their ability to pay. They also must make provisions for people who document a current inability to pay. Only DHCS may set the criteria for that decision.
Fees differ by provider, so asking about payment plans at enrollment is reasonable. For court fines and other costs, see the article on DUI court payment hardship.
An Invented Example of Program Placement
This example is invented and does not describe a real case. Marcus is 44, lives in Sacramento County and works in Placer County. Twelve years ago he had a DUI conviction in another case. His new case involves a breath result of 0.21 percent, no crash and no refusal.
Several rules apply to these facts. The old conviction falls outside the 10 year window, so the case is a first offense for sentencing. Because the reading is 0.20 percent or more, section 23538(b)(2) sets a minimum of nine months and 60 hours. The older prior also triggers the assessment under section 23646(b)(3). In addition, the court can designate a program in either the county where Marcus lives or the one where he works. The example shows which rules apply, not what any court would order.
Frequently Asked Questions About California DUI School Requirements
Do Online DUI Classes Meet the Court Order?
No. DHCS states that it does not license any internet DUI programs and that internet classes do not meet the requirements. The article on California online DUI classes explains how that differs from virtual services a licensed program may offer.
Can Family Members Take Part in a Longer Program?
Yes, in some cases. Section 11837(e) lets an 18 or 30 month program include treatment of family members and significant others, with their consent, if it adds no cost to the convicted person.
Does a Boating Under the Influence Conviction Use the Same Programs?
It can. Section 11836(a)(2) lets licensed DUI programs serve people convicted under Harbors and Navigation Code section 655 and admitted under section 668. The article on California boating DUI cases covers the rest.
Is a Restricted License Tied to DUI School Enrollment?
Usually, yes. The restricted license routes in Vehicle Code section 13352 require proof of enrollment in the required program. The guide to the California DUI restricted license lists the other conditions.
The information here is general information about California DUI law, not legal advice. Laws change, and each situation depends on its own facts.