Rules & Regulations

Table of Contents                (See Forms for a printable copy)

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Additional County Requirements
Additional Rules
Completion Certificate
Confidentiality
Dismissal Of Participants
Enrollment
Leave Of Absence
Miscellaneous
Participant Attendance
Participant Rights
Payments
Program Services
    Group
    Education
    Face-To-Face Interviews
    Re-Entry
Rescheduling Missed Activity
Social/Sexual Contact Prohibition Policy
Special Note About Completion Timing
Twenty-One Day Rule

MARCH 2008

CENTER FOR ALCOHOL & DRUG STUDIES & SERVICES
DRIVING UNDER THE INFLUENCE PROGRAM (DUIP)

RULES AND REGULATIONS

The primary mission of the Center for Alcohol & Drug Studies & Services (the Center) Driving Under the Influence Program is to help reduce the incidence and prevalence of driving under the influence and the negative consequences of this behavior for our community and its residents, and to assist participants in identifying and seeking solutions to their own alcohol and other drug problems.

In order to accomplish this mission, we are committed to providing, under the guidelines established by the State of California and the County of San Diego, the highest quality of educational and counseling services to those who have been convicted of violating the DUI laws.

OPERATIONAL AUTHORITY

The San Diego State University's DUI Program operates under a California license, (#3700501120), and a San Diego County contract. The Official contractor is the SDSU Foundation. However, the program is administered by the Center. Since its designated area of services by the courts is the San Diego court district, it is referred to as the Central District DUIP. Specific operations are in accordance with the California Health and Safety Code (H&S C) statute, Chapter 9, Section 11836 through Section 11838.5. This statute is implemented via regulations adopted by the California Department of Alcohol and Drug Programs (ADP) specified in the California Code of Regulations (CCR) Title 9, Section 9795 through Section 9886.

I. ENROLLMENT - CCR, Title 9, Section 9848 (Back to top)

First Conviction Program (FCP)
Multiple Conviction Program (MCP)
Wet Reckless (WK)

This DUIP will enroll persons convicted for driving under the influence violations:

A. When ordered by a court as a condition of probation.

B. When a person is transferred from another licensed DUIP within California.

C. When a person needs program attendance to satisfy Department of Motor Vehicle (DMV) requirements.

D. When a person is referred by a court or DMV of another state to attend a DUI Program. However credits from an out-of-state program cannot be granted.

Effective June 1, 2000, when a program participant, enrolled per a court order or a DMV Admin. per se, and actively participating in a First Offender Program, is required by the Department of Motor Vehicles to complete an 18-month Multiple Offender Program for the same case, the case shall be transferred to an 18-month program with credit for completed services and fees paid.

Effective June 1, 2000, when a participant, enrolled per a court order or a DMV Admin. per se, in a First Offender Program and successfully completes and is issued a DMV Notice of Completion Certificate (DMV Form DL-101), the case is closed. If the individual later returns with a DMV requirement for a Multiple Offender 18-month program for the same case, no credit for completed services or fees paid shall be given unless it can be documented that the delay was created by a DMV error or misinformation.

It is the participant's responsibility to:

Determine which program the DMV or Court will require for a specific case.

Inform the this Program and provide documentation of additional DMV or court requirements for a specific case, prior to completion of his or her First Offender Program.

NOTE: A PERSON TRANSFERRING FROM A DUIP LOCATED IN ANOTHER COUNTY MUST COMPLY WITH SAN DIEGO COUNTY PROGRAM STANDARDS

The Program may refuse enrollment if a person is under the influence, is abusive or is unable to enroll and participate.

II. CONFIDENTIALITY - CCR, Title 9, Section 9866 (Back to top)

Participation in the DUIP is a matter of confidentiality in accordance with state and federal requirements, and information is not released to anyone regarding an active or inactive participant without permission from the participant, except as required by law, or by a court-ordered subpoena. Permission may be granted through the CONSENT TO RELEASE OR EXCHANGE INFORMATION FORM provided by this agency or the equivalent from another agency.

III. PROGRAM SERVICES - REF: H & S C, Chapter 9, Section 11837.4 (Back to top)
Title Nine, CCR, Sections 9847 thru 9862
San Diego County DUIP Standards
AB 1916 and SB 1176

Specific guidelines for services to be delivered to the DUIP participants are established by the State and County.

A. EDUCATION - CCR, Title 9, Section 9852 (Back to top)

All participants must complete the education series, which consists of six instructional lectures of two hours each, plus a 10 minute break. (State regulations prevent including break time in the required two hours of education.) A participant's education schedule consists of weekly sessions, conducted at the same time and day of each week, for six consecutive weeks. All six sessions (12 hours) must be completed in full. Therefore, if a person completes half a session then leaves at the break, it will be considered an absence and the entire session will have to be repeated.

NOTE: Persons convicted of a "Wet Reckless" (SB 1176) or convicted in another state may be required to complete only this portion of the program.

B. GROUP - CCR, Title 9, Section 9854 (Back to top)

(Not Required for Wet Reckless)

The 1½ hour group counseling sessions are conducted by a Group Counselor in a manner that encourages participants to share ideas and information so they may identify and resolve problems related to driving under the influence and alcohol or other drug use. Participants attend weekly sessions for the total number required for their specific program.

1) FCP-3 Months . . . . . . . . . . . . . .12 sessions (one per week)

2) FCP-6 Months . . . . . . . . . . . . . . 20 sessions (one per week) (AB 1916)

3) FCP-9 Months . . . . . . . . . . . . . . 30 sessions (one per week)

4) FCP/MCP-12 Months . . . . . . . . . 35 sessions (one per week)

5) MCP-18 Months . . . . . . . . . . . . 35 sessions (one per week) (Also see Re-Entry)

C. FACE-TO-FACE INTERVIEWS - CCR, Title 9, Section 9858 (Back to top)

(Not Required for Wet Reckless)

These interviews are conducted on a scheduled basis for the purpose of:

1) Discussing and encouraging participation in all program activities;

2) Identifying problems which may become barriers to the completion of the DUIP Program;

3) Evaluating the participant's potential need for referral to ancillary services;

4) Monitoring payment of Program fees.

Participants attend the number of interviews which corresponds to the program length listed below:

1) FCP-3 Months . . . . . . . . . . . . . . 3 sessions (beginning, middle, end)

2) FCP-6 Months . . . . . . . . . . . . . . 14 sessions (every other week) (AB 1916)

3) FCP-9 Months . . . . . . . . . . . . . . 20 sessions (every other week)

4) FCP/MCP-12 Months . . . . . . . . . 26 sessions (every other week)

5) MCP-18 Months . . . . . . . . . . . . . 26 sessions (every other week) (See Re-Entry)

The listed number of Face-to-Face interviews for the 6, 9, 12 and 18 month programs are the minimum to be conducted. Face-to-Face Interviews will continue to be conducted on a biweekly basis until all Group, Education, and additional program requirements are completed.

D. RE-ENTRY - H & SC, Section 11837.4 (b), (1) (Back to top)

(18 month participants only)

The purpose of the Re-Entry phase of the 18-Month Multiple Conviction Program is to focus on community involvement with self-help groups, employment, family, relapse prevention strategies, and other areas of self improvement. In order to begin the Re-Entry Phase, the participant must have completed all program activities required during the first 12 months of participation and must have a minimum of 365 days in the program. (For Time In Program (TIP) purposes, the Re-Entry Component officially begins the day after the final activity, of the first twelve months, is completed.) The Re-entry Program consists of five monthly one hour group counseling sessions and one hour exit face-face. Participants must continue to attend weekly self help meetings with documentation to be provided to the Re-Entry Group Counselor.

1) Participants will be responsible for establishing contact with an administrative staff member within three days of any missed activity, for the purpose of rescheduling. Participants failing to reschedule within the allotted time are considered to be "out of compliance" and are subject to the dismissal process.

2) When a client misses his/her Re-Entry group, he or she must bring in or fax the proof of self-help group attendance within three working days.

3) The participant must attend the make-up session no later than 60 calendar days after the last presence. This is based on the monthly schedule of re-entry (the 21-day rule is replaced by a 60 day rule). The 60 days begin on the first day after the last attended scheduled activity. If after 60 days, the client has not attended any activity, he or she will be recommended for dismissal.

4) If a client prearranges an absence from his/her scheduled group, the group can be made up by attending the make up group according to the current Re-Entry make-up schedule (Only after absence has occurred.)

E. ADDITIONAL COUNTY REQUIREMENTS - CCR, Title 9, Section 9860 (Back to top)

(Not Required for Wet Reckless)

Self-Help Meetings: While active in the program, each participant will be required to attend Self-Help meetings that correspond to the program length assigned. The participants may choose from the list of approved Self-Help Meetings posted on the bulletin board across from the vending machines.

Documentation of attendance is required;

1) FCP-3 Months . . . . . . . . . . . . One per month Maximum 3

2) FCP-6 Months . . . . . . . . . . . . One per week Maximum 26

3) FCP-9 Months . . . . . . . . . . . . One per week Maximum 39

4) FCP/MCP-12 Months . . . . . . . One per week Maximum 52

5) MCP-18 Months . . . . . . . . . . . One per week Maximum 78

Any expense which may result from attending Self-Help groups will be borne by the participant. Specifications for services, such as size of groups and classes, number of absences allowed, length of time in class, number of program activities required, documentation of attendance, are all in accord with State and County regulations, and are not subject to grievance.

IV. PARTICIPANT ATTENDANCE - CCR, Title 9, Section 9876. (Back to top)

A. Each participant is expected to attend all scheduled activities, and each participant is expected to be on time and remain for the full session.

B. The following constitutes an "absence":

A participant fails to attend a scheduled Education session, a weekly Group, a monthly Re-Entry session, or a scheduled Face-to-Face session.

Participant leaves any scheduled session early or FAILS TO RETURN or is late returning to the classroom after the scheduled break during an Education session.

Participant sleeps or is otherwise inattentive during the session.

Participant is asked to leave an activity because they created a disruption, e.g., cell phones.

C. If the participant has notified an Admin. Staff Member (Front Office), the day prior to a scheduled activity this will constitute a PREARRANGED ABSENCE. A prearranged absence will not count toward the allowable limit. (See Section V. - D.) However, it must be made up, and the rescheduling fee will be charged. Making up a Group session is done by attending the next group as the Make-up session. Making up Face-to-Face interviews or Education classes must be rescheduled. (See Section VI.)

D. Absences which are not prearranged are counted toward the allowable limit. Exceeding the limit will result in dismissal from the Program and return to court. The following limitations apply to absences which are not prearranged:

Participants in the Wet Reckless 6-Week Program, shall not be allowed more than 2 total absences.

Participants in the First Conviction 3-Month Program, shall not be allowed more than 5 total absences.

A participant in the enhanced First Conviction Program of 6 months, shall not be allowed more than 7 total absences.

A participant in the enhanced First Conviction Program of 9 months, shall not have more than 8 total absences.

A participant in the enhanced First Conviction Program of 12 months, or the 12-Month Multiple Conviction Program, shall not have more than 8 total absences.

A participant in the 18-Month Multiple Conviction Program, shall not be allowed more than 10 total absences.

E. All absences, both prearranged and "no shows" will be documented in the participant's record and must be made up prior to the issuance of the NOTICE OF COMPLETION CERTIFICATE (DL-101). A MISSED ACTIVITY FEE FOR EACH SESSION MISSED WILL BE CHARGED, and must be paid by the next monthly payment due date.

F. If a participant has been granted an approved Leave of Absence (LOA) in accordance with current regulations, he or she will not be charged with absences during the LOA period. (See Section VII.)

G. Participants are expected to be ON TIME for all scheduled activities. State and County Regulations do not allow us to provide a grace period.

V. RESCHEDULING - CCR, Title 9, Section 9876 (Back to top)

The following instructions apply to rescheduling specific events after an absence:

A. Face- to-Face. Participant must contact his/her primary counselor and make up the missed Face to Face within two weeks.

B. Group Counseling Sessions. Absences will be made up by subsequent attendance. However, participants must be sure to attend a scheduled group within twenty-one (21) days to avoid being dismissed under the 21-Day Rule.

C. Education. Absences from Education Sessions must be rescheduled at the receptionist desk within seven days of the missed session. The absence(s) can be made up by attending a scheduled session corresponding to the number of the sessions missed. The missed session must be made up as soon as possible, but no later than six weeks from the date of absence. Care should be taken to insure that rescheduling does not cause a violation of the 21-Day Rule. (See Section VII. - A. (4).)

D. Re-Entry. See the special Re-Entry section. (III.-D.)

PARTICIPANTS THAT FAIL TO COMPLY WITH RESCHEDULING PROCEDURES MAY BE SUBJECT TO TERMINATION UNDER TITLE 9, CCR, SECTION 9886 (a) (3)- Failure to comply with Driving Under the Influence Program Rules. Specific rescheduling fee information is included in Section X of these regulations.

VI. LEAVE OF ABSENCE - CCR, Title 9, Section 9876.5 (Back to top)

(Forms and instructions are available at the Front Office or you may download and print the form by clicking here.)

A. Participants may request a Leave of Absence (LOA) if they are unable to attend scheduled program activities for any extended period, usually 15 days or longer. An LOA may be approved for:

1) military personnel whose orders or responsibilities require and extended absence;

2) participants whose work requires travel for an extended period;

3) participants who are absent due to their own extended illness or medical treatment (or that of an immediate family member or significant other);

4) participants who are incarcerated or otherwise confined for medical, mental health, or alcohol/drug treatment;

5) participants who would like to take a scheduled vacation (see #VI C);

6) any other valid reason that can be supported by documentation.

B. Completed LOA Request Forms shall be submitted to the Administrative Office no later than 7 days before the requested start date, with documentation (i.e., a letter from an employer, military orders, doctors' diagnosis, etc.) to support the request. In case of emergencies that require a participant to expedite his/her departure date, the program must be notified and documentation must be received no later than 7 days after the start of LOA. You may fax your documentation to the DUIP: FAX# (858) 467-6822, Attn.: LOA Clerk; or mail to;

LOA Clerk
SDSU Central District DUIP
9245 Sky Park Court, Suite 101
San Diego, CA 92123-4311

Telephone (858) 467-6810

The Executive Director or the designated person is the only staff with authority to approve or disapprove an LOA request. Approval is not automatic, and the established procedures must be followed. It is the participant's responsibility to verify that the LOA has been approved and that it covers the dates requested.

C. LOA requests for vacation purposes will only be approved if program participation (attendance) and fees are current.

D. Time in Program does not accrue while on LOA, and the time it will take to complete is extended. No charges are added for absences during an LOA.

E. A participant may return from an LOA anytime prior to the requested end date.

F. Names of participants going on LOA are removed from their assigned Group and Education session rosters.

G. A participant must contact the Program in person when ready to return from LOA, or no more than 10 days after the LOA end date, for reassignment. Participants cannot be guaranteed assignment to the same group upon return from LOA.

H. In certain extreme situations (such as incarceration or medical emergency) management may initiate a retroactive LOA when notification and/or documentation is received. However, in order to avoid the risk of being dismissed after 21 days, this information should be provided ASAP.

I. There is a fee for Leave of Absences (see fee schedule), except when initiated by the SDSU DUI Program clinical team.

VII. DISMISSAL OF PARTICIPANTS - CCR, Title 9, Section 9886 (Back to top)

A. The Program will dismiss any participant who:

1) Fails to maintain program sobriety. (See Section IX. - D.)

2) Fails to pay, within 30 days of the due date, his/her assessed program fee.

3) Fails to comply with these printed Rules and Regulations.

4) (21 DAY RULE) Fails to attend scheduled program activities (Group, Education, FAI or Face-to-Face) for 21 days from the date of the last attended activity, without obtaining a Leave of Absence. "Attend" is defined as; " being physically present for the full time at activities which have been scheduled for the participant. These include Group, Education, Face-to-Face, or financial assessment interview.

5) Exceeds the number of absences allowed by the Program. (See Section IV D.)

6) Fails to comply with Additional County Requirements that are established by the San Diego County Alcohol Program Administrator and approved by the ADP. (See Section III. - E.)

7) Absent from a scheduled financial assessment interview, AND fails to reschedule and attend a financial assessment interview within ten days.

8) Fails to attend scheduled program activities within 21 days of transfer to another licensed drinking driver program licensed by the California Department of Alcohol and Drug Programs (ADP).

9) Is physically or verbally abusive to program staff or other program participants. (See Section III.-D.)

B. If a participant was attending the Drinking Driver Program as a condition of probation, the Program shall notify the court that the participant was dismissed from the Program. The Program shall not reinstate the participant without the written consent of the court.

DISMISSED PARTICIPANTS MUST BE REINSTATED INTO A LICENSED DUI PROGRAM WITHIN 24 MONTHS TO RECEIVE CREDIT FOR PRIOR PROGRAM PARTICIPATION.

C. The Program may reinstate a participant, who is not on probation from the court as follows;

1) Not sooner than thirty (30) days after the date of first dismissal,

2) Not sooner than sixty (60) days after the date of second dismissal, and

3) Not sooner than ninety (90) days after the date of a third or subsequent dismissal.

D. The Program may refuse to reinstate a participant if the participant was dismissed because he or she was physically or verbally abusive to program staff or other program participants, or threatening to the Program itself. The Program may refuse reinstatement if a person is under the influence, is abusive or is unable to enroll and participate. (Ref: Title 9, Section 9886 (a)(7), California Code of Regulations.)

E. The reason for the dismissal shall be documented in the participant's file and on the termination notice.

UPON DISMISSAL FROM THE PROGRAM, A REPORT OF NON-COMPLIANCE IS SENT TO THE DEPARTMENT OF MOTOR VEHICLES AND TO THE COURT. A COPY IS ALSO SENT TO THE PARTICIPANT.

VIII. PARTICIPANT RIGHTS (Back to top)

Participants have a right to be treated in a respectful manner. Any participant who feels he or she has not been treated accordingly, may follow appropriate procedures to air his/her grievance. The grievance procedures are posted on the bulletin board in the counseling area, and on the wall near the payment window. Participants are also expected to display courteous behavior and an attitude that is not disruptive to program function or inconsistent with DUIP objectives.

IX. MISCELLANEOUS (Back to top)

A. Participants must provide a current address and telephone number to the DUIP and submit any changes as soon as possible. Failure to do so could result in not receiving important information in a timely fashion. It is the responsibility of each participant to provide a current address and an accessible telephone number.

B. Participants will take tests and/or complete questionnaires as required.

C. It is important that participants who are required to take prescription medications or who have special needs due to a verifiable physical condition, inform the program at the earliest possible date, so that some effort may be made to consider these needs. Documentation from an appropriate health practitioner will be required for any exception to these written rules.

D. Total abstinence is a necessary goal for those who are chemically dependent.

Program sobriety is an absolute requirement for all participants. This is defined as the absence of alcohol and/or drugs in a person's system, while present at the facility, or while driving. If a violation of this requirement is suspected by any staff member and confirmed by at least one other staff member, the participant must be dismissed from the program under Title 9, Section 9886 (a)(2). If a current client has received a new DUI, this will be grounds for dismissal under this section.

It is recommended that in order to avoid risk of dismissal, no alcohol be consumed or alcohol products be used for at least 24 hours prior to coming to the facility.

Additional Rules: (Back to top)

No food or beverages allowed inside the Group and Education rooms (except water - in a clear plastic container).

Shirts and shoes will be worn on the DUIP premises (no cleats).
Clothing which advertises alcoholic beverages or other drugs is considered inappropriate attire while participating in DUIP activities.

Clothing which attracts inappropriate attention ( i.e., very short mini skirts or shorts, see-through blouses, halter tops, etc.) will not be allowed.

Clothing imprinted with profanity or phrases having sexual connotations or innuendos will not be worn at any time on the DUIP premises.

No item or apparel which covers or partially blocks the participant's eyes may be worn while in the facility. This includes but is not limited to hats, scarves, and dark glasses (not including tinted glasses), unless current medical documentation is provided.

No smoking or use of other tobacco products in the building.

No weapons, including knives, are permitted in the DUIP building.

Participants will not bring radios, tape recorders, cameras, computers or other electronic devices onto the premises. Cellular phones and pagers must be shut off while in the building. These devices should not be placed on any standby mode as it creates distraction in the activity. If a phone or pager goes off the participant will be asked to leave the activity, and an absence will be recorded.

No visitors are allowed beyond the reception area of the building. Children under 18 years of age are not allowed in the building, (except in an emergency and approved by the duty supervisor). This agency is not responsible for friends or relatives of participants waiting in the parking lot area.

Family members who serve as interpreters must sign in at the window and receive an I.D. badge before going into the service area.

Acts of vandalism or defacing property (i.e., graffiti writing) will not be tolerated and individuals engaging in such activities may be subject to dismissal from the DUIP, and/or legal action by the SDSU Research Foundation.

No gum chewing allowed in the classrooms. Do not put your gum under the chairs: throw it in the trash can.

Program reserves the right to contact police in case of any risk to a participant's visitors or children left in automobiles.

X. PAYMENTS (Back to top)

Payment and monthly fees may be paid by cashier's check, credit card (Visa™, MasterCard™ and Discover™), cash, money order, or Visa™ or MasterCard™ debit cards.

Persons who have difficulty meeting the financial obligation, should request a Financial Assessment Interview AS SOON AS POSSIBLE. Instructions for requesting a Financial Assessment Interview are available at the Reception Desk.

XI. COMPLETION CERTIFICATE (Back to top)

Once all program requirements have been met and all fees are paid, the Program will issue a Letter of Completion (Wet Reckless) or a numbered DMV Notice of Completion Certificate (DMV Form DL-101).

Processing of the DL-101 requires 7 to 10 working days and is processed and filed directly with the DMV. A copy of the Notice of Completion Certificate is sent to the participant by U.S. mail. There is no longer a fee associated with the original Certificate of Completion.

You must provide this program with your correct;

Full Name,

Date of Birth

California Drivers License Number or DMV "X" number

If you have not applied for or been issued a California Drivers License, then you must obtain and provide to this Program a California DMV "X" number. This number is issued by the DMV and identifies your case. Contact the DMV or your insurance company for your DMV case number. You must provide this number if you do not have a California Drivers License Number.

Note: You will have ten(10) days from this date to obtain and provide this program with any information you cannot provide on the day of enrollment.

A. Upon completion, participants twenty-one years and older convicted of a Wet Reckless will receive one original and two copies of the Letter of Completion, mailed directly from this DUI Program. You must present this letter to the Court of Conviction as directed by the court.

B. All other participants, as well as those under the age of twenty-one who were convicted of a Wet Reckless will receive a copy of the Notice of Completion Certificate (DL 101) directly from this program. The original Notice of Completion Certificate is filed directly with the DMV by this Program. Contact the DMV for proper procedures for obtaining your license.

A NOTE ABOUT COMPLETION TIMING (Back to top)

To avoid suspension of driving privileges, the DMV requires all First conviction program participants to complete the assigned program within four months plus the length of the program from date of conviction. For example, if you were convicted and sentenced to a Three-month program, you must complete the program within seven (7) months from the date of conviction. Six-month participants must complete within then (10) months of the date of conviction. You will be notified by the DMV when you have not complied with this requirement. Contact the DMV for further information.

SOCIAL/SEXUAL CONTACT PROHIBITION POLICY (Back to top)

All DUIP employees and participants will keep their relationships on a strictly professional basis. Any social engagements or activities between employees and participants interferes with this professional relationship and is strictly prohibited. This also includes any dual relationship, e.g. sponsoring a client in AA/NA. Employees may not accept gifts of any kind from the participants. Employees shall under no circumstances enter into any personal business agreements with participants, including borrowing or lending money, sale or purchase of personal property, etc. Employees will not engage in any type of personal, intimate or sexual relationship with a participant.

You can obtain a printable copy of the above Rules and Regulations by clicking here.
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The Keeper of the Rules & Regulations