A person who pleads guilty to a DUI and enters DUI Court will be placed on formal probation while in DUI Court. Upon graduation, formal probation will be modified to informal. A failure to abide by the probation terms on either formal or informal probation will result in the person being returned to court for the imposition of consequences. California Law provides that a person charged with a probation violation (PV) is entitled to notice, a hearing and counsel prior to imposition of additional consequences.
The DUI Court team feels that any significant delay between a possible violation and resuming supervision and treatment would be counter-productive to the treatment goals of DUI Court. For that reason, the DUI Court Plea agreement provides the team with the option of treating conduct which could be a probation violation as a "sanction", with a maximum jail sentence of 72 hours, in lieu of the normal more lengthly process of revoking probation, processing a violation and holding a hearing. The idea is to provide the participant with swift accountability and then return him or her to supervision and stepped-up treatment. If the violation is serious and may result in termination from DUI Court, the team can elect to handle the violation as a probation violation. In that event the participant will be notified of the violation and the normal PV process will occur. Many "sanctions" do not involve custody time. They may be to step up treatment, delay advancement, require a written essay, volunteer community service, attend a "court sit-in" or a variety of other activities.
The DUI Court treatment program has been designed as an "outpatient" treatment program. In some cases it is evident that a participant needs greater treatment than what can be provided "outpatient". Ooccasionally the Team may condition acceptance of someone to the DUI Court based on starting in a detox program or in a residential treatment program. Normally, however, the issue of stepped-up treatment does not arise until a relapse occurs. At that point the team reserves the right to increase treatment by increasing the number of required counseling sessions or the number of self-help meetings, by requiring a participant to install an alcohol monitoring device (at the applicant's expense), participate in a residential treatment program, and/or any other therapeutically appropriate response to the relapse and the participant’s individual needs.