Q: If I don’t complete my SB38 or other required court penalties will I go to jail?
I was recently convicted of 2nd dui in CA. , supposed to do SB38, install interlock ignition device for 12 months, and AA classes, along with 28 days hard labor. I was approved by judge to relocate to Alabama. I have zero interest in ever driving or visiting CA again. Can I get an Alabama license? Or will my license be suspended for a certain amount of time? Would they issue a warrant from CA for not completing the classes?
A: Will I go to jail? If you consented to the terms of your sentence then any failure to comply with the terms to which you agreed, is a violation of probation. A violation of probation can result in a jail sentence up to the "maximum" which depends on your charge minus the days you have already served. So, short answer, yes, if you are arrested for a warrant (which can issue when you violate your probation) you are likely facing jail. If you are in AL and are arrested you can be held until CA comes to pick you up (extradited) or you are released. If you have relocated to Alabama, you should have your lawyer return to court and figure out a way that you can satisfy the court in CA while remaining in AL. It possible that your lawyer has already done this, they notified the court that you were moving to AL however your question suggests that the DUI school wasn't part of the relocation conversation with the judge.
Can I get an AL license? Probably not, most states honor the suspensions imposed by other states, so it's quite possible you can't get a license until CA drops the suspension. The CA suspension will remain in place until it has been "cleared" it will not go away simply through the passage of time. You may be able to clear the CA suspension without attending the CA DUI program, installing the IID or other DMV based requirements, call Mandatory Actions at 1.916.657.6525 to determine what steps you need to take to clear the CA suspension and be on your way to an AL license.
Who do you want as your attorney? The Master or the student? Patrick Silva has over 20 years of DUI experience, he has been published in DUI reference books, he has spoken in front of hundreds of attorneys at conferences, taught classes to lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI lawyers how to win. (909)798-1500
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