SB38 – California DUI Program for Repeat Offenders

An SB 38 program is an alcohol awareness class (DUI school) that you must complete when you receive a second DUI conviction within 10 years of a prior DUI or a wet reckless conviction.

SB 38 – referred to as the “18-month second-time DUI offender program” –  is an outpatient program and involves a total of 76.5 hours of mandated classes and course work. In general, an SB 38 program must include (at minimum):

• education classes,
• group sessions,
• “extensive” group sessions, and
• individual interviews.

If you are convicted of a first-time DUI in California, you will be ordered to complete the shorter 90-day AB541 DUI class.

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

• 1. Who is required to attend a California SB 38 program?
• 2. What is the purpose of the program?
• 3. What is the SB 38 curriculum?
• 4. How long does an SB 38 last?
• 5. What happens if I fail the program?
• 6. Must I remain sober during the program?
• 7. What happens after I complete the program?
• 8. Service Providers
• Additional Resources

1. Who is required to attend a California SB 38 program?

You will be required to attend an 18-month second-time DUI offender program if you receive a second DUI conviction within 10 years of:

1. a prior DUI, or
2. a wet reckless conviction.

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

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

2. What is the purpose of the program?

The SB 38 program is designed to stop you from receiving even more DUIs. It attempts to accomplish this goal by:

1. identifying the source of your habitual behavior, and
2. guiding you through the recovery process.

3. What is the SB 38 curriculum?

Title 9 of the California Health and Safety Code sets forth the minimum curriculum for an SB 38 program. Please note, though, that the health department in each California county can add additional classes and meetings to these minimum requirements.

In general, an SB 38 must include (at minimum):

• education classes – a combination of lectures and film (six classes are required, and each is two hours),
• group sessions – groups meet every other week for the first 12 months (26 sessions are required, and each is two hours),
• “extensive” group sessions – these meet once a month for the final six months of the program (six sessions are required, and each is one hour),
• individual interviews – interviews meet alternate weeks for the first 12 months of the program (26 meetings are required, and each is 15 minutes).¹

Please note that the education component above 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.

Also note that the repeat-offender 18-month DUI school does include a “community reentry monitoring” element. This helps to transition you back into “normal” life.

The monitoring consists of help moving away from the rigorous California DUI school requirements and into self-help programs such as Alcoholics Anonymous. During this time, the program provider may also help you with job placement, if necessary.

4. How long does an SB 38 last?

The SB 38 program is an 18-month long program and involves a total of 76.5 hours of mandated classes and course work.

5. What happens if I fail 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 violates your probation, and you would then have to attend a probation violation hearing.

You are allowed a few absences. However, you must make these up before being issued a certificate of completion.²

If you exceed the set number of absences, you will be dropped from the SB 38 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).³

6. 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.⁴

7. What happens after I complete the program?

Upon successful completion of an SB 38, 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.

8. Service Providers

The following providers offer SB 38 classes, though check with the court beforehand to make sure the court still recognizes the provider.

• Adaptive Skills
• CADA (Council on Alcoholism and Drug Abuse)
• DUI Arrest Help
• 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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