The SB 38 DUI program in California is a court-ordered, 18-month alcohol education and counseling program for people convicted of a second DUI (and, in some cases, a later DUI) within a ten-year window. It runs in two phases: a 12-month core of classes, group counseling, and one-on-one interviews, followed by a 6-month community re-entry phase. You cannot complete your probation or fully restore your driving privileges without finishing every hour the program requires.
Who the Court Orders Into SB 38
California Vehicle Code Section 23542 requires anyone placed on probation for a second DUI to enroll in an 18-month program licensed under Health and Safety Code Section 11836.1California Legislative Information. California Vehicle Code 23542 The ten-year lookback runs from the date of one violation to the date of the next, and it sweeps in more than just straight DUI convictions under Section 23152. It also counts DUI with injury under Section 23153 and wet reckless convictions under Section 23103.5.2California Legislative Information. California Vehicle Code 23550
Wet Reckless Priors Count
A “wet reckless” is a reduced plea under Vehicle Code Section 23103.5 where the prosecutor notes on the record that alcohol or drugs were involved. For purposes of the multi-offender program requirement, that conviction counts as a prior DUI.3California Legislative Information. California Vehicle Code 23103.5 If you took a wet reckless five years ago and now have a standard DUI, the court treats you as a second offender and orders you into SB 38.
What the 18 Months Actually Involve
During the first 12 months (the core phase), you complete:
- 12 hours of education sessions on the effects of alcohol and drugs on driving, decision-making, and health.
- 52 hours of group counseling focused on patterns, coping strategies, and the behavioral issues behind repeat offenses.
- At least 24 face-to-face interviews, held every other week from enrollment until you finish your education and counseling hours. These check-ins let the provider track your progress and flag compliance problems early.
The remaining six months make up the community re-entry phase. You participate in self-help groups and show progress in employment, family relationships, and other areas of personal stability. The provider monitors your activity during re-entry but is capped at no more than six hours of total monitoring time.4Legal Information Institute. California Code of Regulations Title 9 Section 9851 – Program Services to be Provided You cannot start re-entry until every core-phase requirement is done.
What It Costs
Program fees typically run somewhere between $1,800 and $3,000, depending on the length of the program and where you are in the state. The fee covers education sessions, counseling, interviews, and administrative costs.
If you genuinely cannot afford the full fee, California law requires every licensed program to work with you. Health and Safety Code Section 11837.4 directs providers to accept payment at amounts and intervals matching your ability to pay, and to make provisions for anyone who can document a current inability to pay.5California Legislative Information. California Health and Safety Code 11837.4 The Department of Health Care Services sets the criteria for these hardship determinations, so a provider cannot deny you a sliding-scale arrangement on its own discretion. Section 23542 itself references this ability-to-pay provision, reinforcing that money alone should not keep you from finishing a court-ordered program.1California Legislative Information. California Vehicle Code 23542
How to Enroll
Enrollment starts with a court referral order that spells out your conviction details and the required program length. No licensed provider will admit you without it. You will also need a current California driver record from the DMV. The old “H6” ten-year printout was discontinued in March 2019; what the DMV issues now is a single driver record that includes all reportable convictions, departmental actions, and accidents required by Vehicle Code Section 1808.6California DMV. Request Your Driver’s Record
The Department of Health Care Services licenses all DUI programs in California and keeps a directory of providers on its website.7California Department of Health Care Services. Driving-Under-the-Influence Programs Once you pick a provider, you schedule an intake interview. The facility assesses your history, walks you through the fee schedule, and has you sign a participation contract covering attendance obligations, the consequences of non-compliance, and your specific session schedule.
Staying in Compliance
Providers keep detailed attendance logs, and California’s regulations limit how many unexcused absences you can accumulate before you’re terminated. Medical emergencies and similar unavoidable conflicts can be excused, but you need documentation and you still have to make up the missed time.
This is where most people get into trouble. Missing sessions without explanation, chronic lateness, or testing positive during the program can trigger formal termination. When that happens, your provider files a Notice of Non-Compliance (Form DL 101A) with the DMV.8California DMV. Internet Security Agreement Certification DADP Representative DL 951 That filing wipes out any progress you had made toward reinstating your license and puts your probation status at risk.
What Termination Costs You
Getting dropped from SB 38 triggers two independent sets of consequences. At the DMV, the Non-Compliance notice means your license suspension or revocation stays in full effect with no path to a restricted license until you re-enroll and complete a new program from scratch. In court, termination is a probation violation. For a second DUI, the maximum probation-violation penalty is up to one year in county jail; how much a judge actually imposes often depends on how far along you were in the program and your overall compliance history.
Finishing the Program and Closing the Loop
When you complete every required hour of education, counseling, interviews, and community re-entry, your provider issues a Notice of Completion Certificate (Form DL 101). The provider submits the DMV copy directly to the department and sends a separate copy to the sentencing court. You get a participant copy for your records, but the DMV only accepts the official submission from the provider.9New York Codes, Rules and Regulations. 13 CCR 120.00 – Purchase and Use of Notice of Completion Certificates
Confirm that both submissions actually went out. Participants sometimes assume everything is handled and only find out months later that the court never received its copy, leaving the probation condition technically unfulfilled. Follow up with the DMV and the court clerk within a few weeks of completion to confirm both records are updated.
If You Have Three or More Priors
SB 38 is the 18-month track. For a fourth or subsequent DUI within ten years, Section 23552 directs the court to either the 18-month or a 30-month program, with a strong preference for the 30-month version where the county offers it, especially if you have already completed an 18-month program before.10California Legislative Information. California Vehicle Code 23552 Not every county offers the 30-month option.7California Department of Health Care Services. Driving-Under-the-Influence Programs The 30-month curriculum is substantially heavier: an 18-month core with 78 hours of group counseling, the same 12 hours of education, at least 39 face-to-face interviews, and 120 to 300 hours of court-set community service, followed by a 12-month re-entry phase.11New York Codes, Rules and Regulations. 9 CCR 9851 – Program Services to be Provided
If You Hold an Out-of-State License
If you’re licensed in another state but convicted of a DUI in California, the California court can still order you into SB 38. Most states participate in the Driver License Compact, an interstate agreement built on “one driver, one license, one record,” under which California reports the conviction and any suspension to your home state, and your home state applies its own laws.12CSG National Center for Interstate Compacts. Driver License Compact
The practical problem is that your home state may not recognize a California-licensed DUI program for its own reinstatement purposes. Some states accept completion of an equivalent program at home; others insist on the California program specifically as a probation condition. Coordinate with both the California court and your home state’s licensing agency early, because finding out about an incompatibility 18 months in is an expensive mistake to unwind.