All DUI and Wet/Reckless Vehicle Code convictions require attendance and completion of an Alcohol Program licensed by the State of California Department of Alcohol and Drugs as required by the Department of Motor Vehicles.
The County of Monterey maintains a list of alcohol and drug counseling and treatment providers on pages 9 – 16 of the SAM's guide to Family Resources for Monterey County, which is available on the Monterey County Health Department's website: SAM's Guide to Monterey County Family Resources
An ignition interlock device (IID) is a device slightly larger than a cell phone that is wired to your vehicle's ignition. The device can be installed in a vehicle while you wait and after installation, it requires your breath sample before the engine will start. If the IID detects alcohol on your breath, the engine will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.
DUI convictions may require the installation of an ignition interlock device.
A first-time DUI conviction, the Court has the discretion to order the installation of the interlock device, though the Court will give heightened consideration in cases involving a Blood Alcohol Content that is .15 or higher, where there is a refusal to take a chemical test, or where there is an accident or some other aggravating factor.
On a subsequent DUI conviction, the Court is required to order the installation of an ignition interlock device; the court has the discretion to order the device for one year, two years, or three years.
The California Department of Motor Vehicles (DMV) maintains a list of approved Interlock Device providers accessible from the DMV website at: Ignition Interlock Device List.
Work Alternative Program
If you have been sentenced to serve a jail sentence of 40 days or less, you may be eligible to serve your sentence in the WORK ALTERNATIVE PROGRAM (WAP), i.e. community service. WAP is an alternative to incarceration. For more information contact the Monterey County Sheriff's Office.
Supervised Home Confinement
If you have been sentenced to serve a jail sentence, you may be eligible to serve your sentence in the Supervised Home Confinement Program (SHC). SHC is a custodial supervision program for non-violent offenders managed by the Monterey County Probation Department; this program is an alternative to incarceration in the County Jail. Participants who apply to and are accepted into the program are monitored at their homes, schools, and jobs through a tamper-proof ankle device worn to track their location. Those who violate the rules of the program by leaving the preset transmitter coverage area are returned to jail to complete their sentences and could face additional penalties for violations of probation terms. Participants are charged a fee for this service; the fee is based upon the defendant's income and ability to pay. For more information contact Monterey County Probation Department.
The Judge may order a defendant to attend and complete a theft offender class as part of a Pretrial Diversion Program or as a condition of sentencing. The program is an 8 hour educational awareness and prevention class for persons charged with a minor theft offense. A registration fee will be required by the program and is to be paid directly to the program.
The Judge may order a defendant to attend and complete an Assaultive Behavior class as part of a Pretrial diversion program or as a condition of sentencing. The program is an 8 hour educational awareness and prevention class for persons charged with a minor assault offense or who may show signs of aggressiveness or assaultive behavior. The class is designed to provide insight and encourage participants to make decisions and changes to avoid a repeat offense. A registration fee will be required by the program and is to be paid directly to the program.
One common form of diversion is called Deferred Entry of Judgment or DEJ. It is usually offered to a first-time drug offender who is charged with under the influence or simple possession of drugs for personal use.
The Deferred Entry of Judgment program is implemented through collaboration between the Superior Court, Monterey County Probation Department, Monterey County Behavioral Health services, the District Attorney's Office, the Public Defender's Office and treatment providers.
For Deferred Entry, the eligible defendant enters a guilty plea to the underlying charge(s). The Judge places the defendant on a deferred entry of judgment (diversion) program for a maximum of 18 months. Defendant(s) are referred to the court approved program, which includes mandatory counseling sessions at Valley Health Associates.
Upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted deferred entry of judgment for the offense, except as specified in Penal Code section 1001 subdivision (b). A record pertaining to an arrest resulting in successful completion of a deferred entry of judgment program shall not, without the defendant's consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.
Note: Deferred entry of judgment only applies to eligible drug related offense(s).
The Substance Abuse and Crime Prevention Act (SACPA) passed by voters in November, 2000, is also known as Prop 36. This is a different type of diversion program that is designed for nonviolent offenders who are charged with simple drug possession with a prior offense. Prop 36 is an alternative treatment to jail and the increasing costs of incarceration with a strong and lengthy rehabilitation program including SLE (sober living environments), outpatient treatment, and drug education classes.
The SACPA program is implemented through a collaboration between the Superior Court, Monterey County Probation Department, Monterey County Behavioral Health services, the District Attorney's Office, the Public Defender's Office, California's Parole and Community Services Division, treatment providers, and other community organizations.
In court, the eligible defendant pleads "guilty" or "no contest" to the underlying charge. The judge then places him/her on probation. A term of the probation is that the defendant successfully completes a drug rehabilitation program.
Defendants are supervised by a Probation Officer assigned to the unit. The officers ensure compliance with court orders by making referrals to treatment programs and conducting home visits, property searches, and random drug testing.
As participants progress through the phases of the program, they are held accountable to program requirements. If they are non-compliant, they may receive sanctions ranging from writing an essay, community service, jail time, and program termination. Participants are also rewarded with incentives for positive behavior, such as phase advancements, decreased program requirements, drawings for movie tickets, and program graduation.
Upon successful completion of the drug treatment program, the conviction shall be set aside and the indictment, complaint or information is ordered dismissed; both the arrest and conviction shall be deemed never to have occurred. The defendant shall be released from all penalties resulting from the offense of which he or she has been convicted except for the following restrictions:
- Does not permit the person to own, possess, or have in his or her custody or control any firearm capable of being concealed upon the person or prevent his or her conviction under Penal Code Section 12021; and
- Does not relieve a defendant of the obligation to disclose the arrest and conviction in response to any direct question contained in any questionnaire or application for public office, for a position as a peace officer as defined in Penal Code Section 830, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury.
A record pertaining to an arrest resulting in successful completion of drug treatment program shall not, without the defendant's consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.
If the defendant fails to complete the drug treatment program, or otherwise violates the terms of probation, the Judge can sentence him/her on the charge. Those penalties could include jail time or a California state prison sentence.