AB541 – 1st Offender DUI Program in California

An AB541 program is an alcohol awareness class that you must complete when:

• you received your first DUI within a 10-year period, and
• your blood alcohol concentration (BAC) was below 0.20%.

Title 9 of the California Health and Safety Code sets forth the minimum curriculum for this program. In general, an AB541 program must include (at minimum):

• an enrollment session,
• two case management sessions,
• ten alcohol/drug awareness education classes (a total of 15 hours),
• ten group sessions (a total of 15 hours), and
• typically, Alcohol Anonymous (AA) meetings.

As to the education classes, their primary focus is on California DUI laws, drug abuse, and “problem” drinking.

An AB541 class is a 90-day/three-month outpatient program. If you are convicted of a second offense DUI, you will be ordered to complete the 18-month SB38 DUI school.

Our California DUI defense attorneys will highlight the following in this article:

• 1. Who must attend a California AB541 program?
• 2. What is the purpose of the program?
• 3. What is “enrollment?”
• 4. What does an AB541 include – classes, sessions, meetings?
• 5. How long does an AB541 last?
• 6. What are the consequences if I fail to complete a program requirement or drop out of the program?
• 7. Must I remain sober during the program?
• 8. What happens after program completion?
• 9. Service Providers
• Additional Resources

1. Who must attend a California AB541 program?

You will be required to attend an AB541 program if:

1. it is your first DUI within a 10-year period, and
2. your BAC was below 0.20%.¹

You must attend this alcohol awareness school regardless of whether you were convicted of, or pled guilty or “nolo contendere” to your DUI charge.² This includes a charge of either:

• VC 23152(a), driving under the influence, or
• VC 23152(b), driving with a BAC of 0.08% or greater.

Please note that you have to do the AB541 program no matter whether you are convicted of DUI of alcohol or DUI of drugs (DUID).

2. What is the purpose of the program?

There are three main reasons for an AB541 class. These are:

1. to educate you on alcohol (including its effects and inherent dangers),
2. to reduce recidivism (or the likelihood that you will reoffend), and
3. to demonstrate the benefits of a life of sobriety.

3. What is enrollment?

Enrollment is the initial intake session of an AB541 program. It is when you meet with the organization that is providing the class. Enrollment is mandatory and not an option.

During the enrollment process, you:

• turn over your paperwork that you received from the court, or the DMV, which states you must attend the program, and
• receive a schedule on what class requirements you must complete.

In addition, the enrollment includes discussions on the program fee and how payment will be made. An AB541 typically costs around $850. You can either pay the full amount during enrollment, or you can make arrangements to make weekly payments.

Please note that you must enroll within 21 days from your last day in court. If you fail to do so, you have to return to court and ask for an extension.

4. What does an AB541 include – classes, sessions, meetings?

Title 9 of the California Health and Safety Code sets forth the minimum curriculum for an AB541. Please note, though, that the health department in each California county can add additional classes and meetings to these minimum requirements.

In general, an AB 541 must include (at minimum):

• an enrollment session (see above),
• two case management sessions,
• ten alcohol/drug awareness education classes (a total of 15 hours),
• ten group sessions (a total of 15 hours), and
• typically, AA meetings.

As to the above, an AB541 school includes both counseling and education. Most of the counseling will be in a group setting. But there will also be some one-on-one interviews.

The education component consists of education on California DUI laws, drug abuse, and “problem” drinking. This education can be given in the form of:

• live lectures,
• videos, and/or
• group discussions.

5. How long does an AB541 last?

An AB541 program lasts 90 days/three months.³ By statute, this outpatient program must consist of at least 30 hours of program activities, including education, group counseling, and individual interview sessions.⁴

6. What are the consequences if I fail to complete a program requirement or drop out of the program?

If you are ordered into this class, attendance and completion will be a condition of your DUI probation. A failure to complete the program means a violation of this probation, and you would then have to attend a probation violation hearing.

As an AB541 participant, you are allowed to have five absences. However, you must make these up before being issued a certificate of completion.⁵

If you exceed five absences, you will be dropped from the AB541 program.

Please also note that you can be dropped from a California DUI school program if:

• you are disruptive to the class,
• you sleep during class, or
• the instructor believes you pose a threat to the instructor or any other student(s).⁶

7. Must I remain sober during the program?

You are expected to maintain sobriety while participating in a court-ordered DUI education program. If you are suspected of being under the influence in class, the program may:

• require you to undergo a breathalyzer or other chemical screening, or
• expel you from the class and drop you from the program.⁷

8. What happens after program completion?

Upon successful completion of an AB541, you are given a certificate of completion and documentation recording program fulfillment. You then provide the same to either:

• the court, or
• the DMV

as proof of program completion.

9. Service Providers

The following providers offer SB541 classes, though check with the court beforehand to make sure the court still recognizes the provider.

• Adaptive Skills
• Jackson-Bibby Awareness Group
• NTSI (National Traffic Safety Institute)
• Right On Programs
• Tom Wilson Counseling Center

Additional Resources

For more information, refer to the following:

1. Alcoholics Anonymous – 12-step program for overcoming alcoholism.
2. Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
3. Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
4. Driving Under the Influence (DUI) – California DMV page on driver license suspension for DUIs.
5. MADD – Non-profit organization devoted to stopping drunk driving.

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