No, you cannot take a California DUI school course completely online. Certain portions must be attended in person. Completely online DUI courses do not satisfy the requirements of California’s Department of Health Care Services (DHCS).
You can, however, complete virtual services of a DUI course online. The most important thing to do is to ensure that the program is licensed by DHCS.
If you are a non-resident and cannot travel to California to complete the DUI School requirement, you can apply for a 1650 waiver. This dispenses with your DUI School requirement. Contact the California DMV at 1-800-777-0133 to request a waiver packet.
Do I have to take California DUI classes in person?
Yes, at least some of the DUI courses have to be done in person in California. DUI programs that are entirely online and self-taught do not suffice.
California regulations require all DUI school programs to be licensed by DHCS. The DHCS can only license programs that have a physical address.[1] Once licensed by DHCS, DUI school programs must continue to comply with regulatory requirements.[2] This includes group counseling sessions that are in real-time, with the instructor present throughout the session.[3]
During the pandemic, DHCS loosened the restrictions against virtual and telehealth services related to DUI school.[4] Following the pandemic, DHCS kept many of these loosened restrictions.[5] Certain virtual services or telehealth sessions can be done online.
What virtual or telehealth services can be done online?
DUI schools that DHCS licenses can provide virtual services and telehealth appointments online. Which specific programs can be done virtually and which must be in-person will depend on the program type. Virtual services still have to comply with state regulations.
Some DUI school programs that might be conducted online are:
- group counseling sessions,
- real-time education classes taught by a certified counselor, and
- telehealth sessions related to those education classes.
Even if done online, these portions of the course must still comply with state regulations. For example:
- education and group counseling sessions must be between 1 and 2 hours long,[6]
- education programs are capped at 35 participants,[7]
- group counseling sessions are capped at 15 participants,[8] and
- participants have to sign an attendance sheet to earn credit.[9]
Additionally, DHCS recommends that DUI programs require at least the following of online participants:
- that they log in on time,
- they stay engaged for the entire duration of the class,
- they are not distracted by other activities,
- they are alone during the session, in order to maintain the confidentiality of others in the session, and
- their cameras are turned on.[10]
If you fail to do any of these things, your DUI school can refuse to give you credit for attending the online DUI class.
Have these requirements about online DUI programs changed recently?
Yes. Before the coronavirus pandemic, DUI school had to be completely in-person in California. Since the pandemic, regulations have been loosened to include certain online portions.
What happens if I complete DUI classes online?
If you complete an online California DUI program that is not licensed by DCHS, it will not count towards your DUI school obligation. You would still have to complete a licensed course. You will likely be unable to recover any fees that you paid to the online program provider.
This is a serious issue in the state of California because many online DUI schools wrongly claim that they satisfy your requirements. To ensure you secure enrollment in a licensed DUI school, you can use DHCS’s database of licensed providers.
What driving offenses can lead to DUI school?
California courts or the Department of Motor Vehicles (DMV) can require you to complete a DUI course for drug- or alcohol-related offenses like:
- “wet reckless” (California Vehicle Code 23103.5 VC),
- underage drunk driving with a blood alcohol content (BAC) of 0.05% or higher (Vehicle Code 23140 VC),
- driving under the influence (Vehicle Code 23152(a) VC), or
- driving with a BAC of 0.08% or higher (Vehicle Code 23152(b) VC).
In addition to DUI school, the California DMV can issue a driver’s license suspension. A DUI defense lawyer can help you secure a restricted license to protect some of your driving rights. Your DUI attorney can also help you get a license reinstatement when you are eligible. This requires a certificate of completion of a licensed DUI school program.
A court order can also require you to:
- perform community service,
- complete a drug education program,
- take alcohol classes, and
- pay fines and court costs.
Depending on the DUI charge, these penalties imposed by the court can be significant. DUI convictions are priorable. If it was not your first-time DUI offense, the penalties will increase. Repeat DUI offenders are more likely to face jail time.
Under California’s DUI laws, aggravating circumstances at your DUI arrest can make the case worse, as well. If a blood test reveals an elevated BAC, the charges can be worse, even if it was your first DUI. If you had a BAC at or above 0.20%, you may also have to take a 9-month program for DUI school rather than a 12-hour program.
Having a skilled DUI lawyer representing you can make a huge difference.
List of DUI Schools
(Be sure to check that DHCS still approves of these providers.)
- A.K. Bean Foundation
- ABC Traffic Programs
- Cascade Circle, Inc.
- The High Road Program
- Kings View
- Prevention Education Program, Inc.
- Safety Center, Inc.
- Safety Consultant Services, Inc.
- School Ten, Inc.
- Southern California Alcohol and Drug Programs (SCADP)
- STEPS
- Sun Street Centers
- Twin Palms Recovery Center
- Valley Improvement Programs
For a full list of providers approved by the DHCS, click here.
Legal References:
[1] 9 California Code of Regulations (CCR) 9802 and 9 CCR 9804. Driving Under the Influence, Department of Health Care Services (“DHCS does not license internet DUI programs. DUI classes offered via the internet do not meet California’s DUI Program requirements.
[2] 9 CCR 9801.6.
[3] 9 CCR 9852(g).
[4] See DHCS COVID-19 Frequently Asked Questions: Driving-Under-the-Influence DUI) Programs (March 17, 2020) and Flexibility for Driving Under the Influence (DUI) Programs During the COVID-19 Public Emergency (July 23, 2020).
[5] See Driving-Under-the-Influence Programs Virtual Services: Frequently Asked Questions (September 2023).
[6] 9 CCR 9852(a) and 9854(a).
[7] 9 CCR 9852(f).
[8] 9 CCR 9854(g).
[9] 9 CCR 9852(i) and 9854(i).
[10] Supra note 5.
