Yes, if the court designates it or a transfer is approved, but you cannot simply enroll in any county you like. For a first DUI, the court orders the program in your county of residence or employment, as the court designates, and state law lets you attend a program in the county where you were convicted, the county where you live, a county with a service agreement, or a county you are approved to transfer to. Switching after you start requires approval from county alcohol and drug program administrators, and sometimes from the court or your probation officer.

The first-offense rule: where you live or work, as the court designates

When the court grants probation for a first DUI punished under Vehicle Code section 23536, it must order you to enroll in, participate in, and complete a licensed program “in the driver’s county of residence or employment, as designated by the court” (Vehicle Code section 23538(b)). If you live in one county and work in another, either can qualify, but the court makes the choice. The program must be done after the date of the current violation, and activities completed before it do not count. For a second offense punished under Vehicle Code section 23540, the program provisions in Vehicle Code section 23542(b) do not name a county; the Health and Safety Code rules below apply either way.

Why programs are organized by county

The State Department of Health Care Services has sole authority to license DUI programs. Each program is licensed to serve a particular county, generally after the county board of supervisors recommends it; if a board makes no recommendation, the department decides which programs to license there (Health and Safety Code section 11836(a), (c)).

Where you are eligible, and how the court can place you

The court may refer you only to a licensed program, and you are eligible for one operating in the county where you were convicted, the county where you live, a county that has an agreement with your county of residence under Health and Safety Code section 11838, or a county you may request transfer to under the transfer rules below (Health and Safety Code section 11837.2(a)(1)).

Agreements between counties take two forms: two or more counties may jointly establish programs, or one county may contract to provide program services to another county’s residents (Health and Safety Code section 11838(a)). Under a contract, you are eligible only if your DUI violation was alleged to have occurred on or after the date your county of residence executed the contract (section 11838(b)(2)).

Section 11837.2 also addresses a DUI in one county and a home in another. If you consent to a program in your county of residence, or in a county that has an agreement with it, and the court grants summary probation, the court may order you into a program there; instead of summary probation, the court may use the probation officer to carry out its orders. If your county of residence has no licensed program and no agreement, the court may, with your consent, order a program in the county of conviction or a county that has an agreement with it (section 11837.2(c)). Either way, the court of conviction may keep jurisdiction over postconviction matters under this section (section 11837.2(f)).

Transferring after you start

Once you have started, you may request a transfer to another licensed program in the same county with approval from that county’s alcohol and drug program administrator, or to a program in another county with approval from the administrators of both counties (section 11837.2(d)). That route is closed if the court ordered you into a specific program, unless the court orders the transfer, and if you are on formal probation, unless your probation officer consents (section 11837.2(e)). The court must receive notice of any transfer, through forms and procedures the Department of Health Care Services sets up.

If the program reports a missed session you dispute

For the first-offender education and counseling program, you must furnish proof of enrollment (unless the program is one that reports failures to enroll) and proof of completion in the time and manner the court specifies, and the program must report to the court the name of anyone who fails to complete it (Health and Safety Code section 11837.3(d)). A wrong report matters because, for a first offense, the court must revoke probation under Vehicle Code section 23602, “except for good cause shown,” for failing to enroll in, participate in, or complete the program (section 23538(c)(1)).

The court sets reporting requirements after consulting the county alcohol program administrator, who coordinates them with DMV and the Department of Health Care Services (section 23538(c)(2)). None of the statutes cited here sets out a separate appeal or grievance process for a report you believe is wrong. Practically, raise the error with the program first, in writing, with your own proof of attendance, and treat the county administrator’s office as the next contact because it coordinates the reporting. If the report has already reached the court as an alleged violation, see DUI probation violation for how that process works.

What to do

  • Check your minute order or probation terms for the county or program the court designated.
  • If you live or work in another county, raise that before sentencing so the court can designate a program there.
  • Get every required approval before you stop attending your current program.
  • Keep your own attendance and payment records, and dispute a wrong report in writing right away.

The Law Offices of David S. Chesley can review your probation terms and program paperwork, including how a program problem affects DUI license reinstatement. Call (800) 755-5174 to talk through your options.