What do I do if I did not finish my first offender DUI class? 9 Answers as of June 29, 2011

I was convicted on a DUI in May of 2002. I never finished the first offender DUI class because I moved out of state. My question is when exactly did the 'mandatory' dui class take in effect? And/or is there a statue of limitations that I can wait out without having to pay and re attend a first offender DUI class?

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Kim W. Hansen, Attorney at Law
Kim W. Hansen, Attorney at Law | Kim W. Hansen
Q. What do I do if I did not finish my first offender DUI class? A. It depends on what you are trying to achieve. Q. My question is when exactly did the 'mandatory' dui class take in effect? A. When you were sentenced by the judge and ordered to attend. Q. (I)s there a statue of limitations that I can wait out without having to pay and re attend a first offender DUI class? A. If you haven't completed the class as ordered by the court and as part of the terms and conditions of your probation, most likely there is a warrant out for your arrest in the state where you were sentenced. You can contact the county sheriff of where you were sentenced to see if there is a warrant out for your arrest. Finally, you will never be able to get a California driver's license without completing the course.
Answer Applies to: California
Replied: 6/29/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Hong Lyu
If you were ordered to take a "first offender" DUI class as a result of a conviction, you will typically be given a referral to a DUI class and a timeframe within which you are required to enroll and complete the class. If you fail to complete the class after enrolling, the DMV will note your "non-compliance" on your record and you will essentially get kicked out the DUI program. When this happens, you will lose any restricted license you may have had and a license suspension will be re-imposed. To complete the DUI class, you will need to get yourself re-enrolled. This means going back to the program and making arrangements to get back in the class. Some programs may give you credit for the time you did attend, others may not. It all depends on the program. If you do not want to bother with re-enrolling in a California DUI class or paying extra fees, you can call the DMV Mandatory Action Unit and request a "1650 waiver packet." If your waiver is accepted, you will not be required to complete a DUI class and you may be able to drive as an out-of-state licensee, but you will be unable to obtain a California driver's license for 3 years. However, keep in mind that a failure to complete the DUI class can constitute a failure to comply with a court order. This could result in a bench warrant being issued against you in California. Therefore, if you are ever stopped by police and it's discovered that a warrant is issued against you, the officer can arrest you and take you into custody on the spot. If you are out-of-state and want to return to California, I'd suggest that you contact an attorney who can recall the warrant against you before you return.
Answer Applies to: California
Replied: 6/29/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You realize there is an arrest warrant for you? Warrants are forever. There is no run and hide defense. To handle a warrant, you must turn yourself into the court, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the new Failure to Appear charge, and renegotiate any outstanding charges that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, and may enable you to get your probation and programs reinstated. While this isn't a 'capital case', you face potential jail, so handle it right. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 6/28/2011
Singh Law Office
Singh Law Office | Kulvinder Singh
You have violated your probation and can be going back to jail to finish your sentence. Do you want to get a re-referral? Hire a lawyer, get that done before they pick you up for something else and find out about the probation violation.
Answer Applies to: California
Replied: 6/28/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You are likely in violation of probation and a warrant could be out for your arrest. In addition your California driving privilege is likely suspended as a result of not doing the class after having suffered a DUI conviction. I would schedule a court appearance and get the judge to re-refer you. You might want to have an attorney with you since you could be punished for violating probation. There is no statute of limitations on probation violations.
Answer Applies to: California
Replied: 6/28/2011
    Law Office of Jonathan I Kelman
    Law Office of Jonathan I Kelman | Jonathan Irik Kelman
    If this was a requirement from the court, you would therefore be in violation of probation and a bench warrant has been issued which could result in arrest as well as jail time. I am more than confident that with the right attorney who knows the court...you could get through this nightmare relatively unscathed.
    Answer Applies to: California
    Replied: 6/28/2011
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    The d.u.i. class became mandatory when you were convicted and the judge sentenced you to complete it. Unfortunately, you cannot out-wait it - it won't go away. For example, I recently had a client who failed to complete her d.u.i. class 22 years ago. She moved back to Cali from Canada and was stopped, police ran her license, and it was discovered that she hadn't completed d.u.i. school. The D.A. initially wanted her to do 10 days in jail. That's not what she ultimately received as a sentence, but it shows you how the prosecution looks on a failure to complete a condition of probation.
    Answer Applies to: California
    Replied: 6/28/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    I have a case very similar to this tomorrow. Essentially what happens is the court puts out a warrant for your arrest for your failure to finish the classes, which is a condition of your probation. This happens because you have violated probation. You should hire an attorney to go with you to try and get the warrant re-called for you and your classes extended in order for you to finish them and eventually get off of probation. Before you do any of this, you should have an attorney call in and see if there is even a warrant out for your arrest. Hiring an attorney to do something like this is not very expensive (relative to other things) Our firm only charges about $1,500 to do this. Please feel free to contact me with any other questions you may have.
    Answer Applies to: California
    Replied: 6/28/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No there is no statute of limitations. You will still need to complete the program, or you will never be able get a CDL, and there will always be a warrant out for your arrest.
    Answer Applies to: California
    Replied: 6/28/2011
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