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DUI SCHOOL [DRIVING SCHOOL]

In America, for virtually every drunk driving conviction (or plea of guilty, nolo contendere plea or even a deferred adjudication, or conditional discharge disposition), the defendant will be required to attend some sort of statutorily-mandated class on the risks of driving under the influence. These classes are called different names, such as "risk reduction school" but are usually referred to as "DUI School" (or "DWI School").

The length of these classes varies from state to state. In some jurisdictions, the type and curriculum of the classes varies depending on whether the person is facing a first offense DUI or a repeat offense drunk driving conviction.

The general principle behind these classes is primarily DETERRENCE, by use of an EDUCATIONAL component. State legislatures have generally adopted recommendations for use of such "schools" from NHTSA (the National Highway Traffic Safety Administration), which oversees highway safety issues for the United States Government.

In many jurisdictions, the completion of the "DUI School" is a pre-requisite to EVER being permitted to legally operate a vehicle on the highways of that state again (i.e., the state where the DUI/DWI case is pending). Failure to complete the course and provide proof in accordance with state law requirements renders the driver "suspended" or "revoked" indefinitely. Often, a "reinstatement fee" is also required to accompany the driving school certificate when a certificate of completion is provided to the state licensing agency (DMV, DPS, BMV, RMV, SOS or similar driver's licensing agency).

Drivers from one state who are charged with DUI in another state can experience problems regarding WHICH state's school can be attended to be able to "reinstate" driving privileges. For example, Georgia has a 20-hour course for its "Risk Reduction School" (DUI School).

The Georgia DDS (Department of Driver Services) only accepts DUI School certificates from a limited number of states. [O.C.G.A. § 40-5-83(e)]. The present list includes classes from these jurisdictions:

South Carolina Mississippi

Alabama North Carolina

Florida North Dakota

Tennessee Utah

Texas Wisconsin

Iowa Indiana

Maine

All on-post military programs (any state). Some classes in Kentucky ("Prime of Life"). Limited to Nashville, TN or Davidson Co., TN.

The BENEFIT of a state allowing another state's certificate is that the DUI offender may only need to attend ONE school, not TWO. Hence, a South Carolina driver who gets convicted in Georgia of DUI can attend the South Carolina "ADSAP" program (thereby satisfying that state's requirement for either a "work permit" or license reinstatement) and obtain a duplicate copy of the South Carolina document to use in Georgia to satisfy Georgia's "reinstatement of driving privileges" rules. This is one class, but BOTH state's reinstatements can be obtained with proof of completion.

Without this "reciprocity" (acceptance of a certificate from another jurisdiction), each driver from State A that is arrested for DUI in State B would have to complete BOTH States' driving schools. Otherwise, driving privileges (in any state where compliance is lacking), will typically NOT be restored.

Most states require that any driver licensed by their state who gets a drunk driving conviction suffer some sort of TOTAL SUSPENSION (sometimes called "a HARD SUSPENSION") or "LIMITED USE" restriction on his or her driving privileges. Three typical scenarios exist:

1. "Hard suspension" (or "revocation") of the license for a fixed period of time, after which, full reinstatement is possible (by meeting all steps under that state's laws). A "hard" suspension means NO PRIVILEGE to drive anywhere, any time, for any purpose.

2. Hard suspension (or "revocation") of a license for a fixed period of time, followed by a restricted use license (e.g., "work purposes only") prior to a time when full privileges are reinstated. Often, an ignition interlock device can be mandated during the "limited" license period. Plus, the driver has several hoops to jump through before the license can be obtained (e.g., proof of attending DUI School, showing proof of insurance, possibly being required to put a special tag or license plate on the offender's vehicle(s).

3. Issuance of a "limited" permit (work permit) immediately upon conviction (sometimes for a small fee), and full reinstatement after a fixed period of time (assuming all statutory requirements have been met). Most states limit such favorable treatment to "first offenders" (as that term is defined by each respective state's law).

Each state has its own rules regarding license reinstatement. Often, the rules regarding who gets limited privileges or "early reinstatement" are state-specific. For example, California law favors the person who receives probation as part of his or her DUI sentence. Without a probated sentence, the DUI school requirements are more extensive.

Other states have a "case-specific" review of the person and his or her driving record before any privileges to drive may be considered. Illinois is famous for its very difficult reinstatement rules for any Illinois licensee who gets convicted of drunk driving. North Carolina also has a complex set of rules regarding when (and if) a person can get reinstated. Florida has some of the nation's toughest reinstatement policies for repeat offender cases, including a lifetime revocation for a fourth offense.

One major pitfall for persons who get a DUI conviction in one state while being licensed in another is FAILURE to comply with BOTH states' rules for license reinstatement. If both states' regulations are not met, the driver WILL BE BARRED in the state that non-compliance has occurred. If caught driving in THAT state --- even with a plastic license from another state --- will lead to arrest for driving while suspended (or driving while revoked). This is also sometimes called "DUS" (driving under suspension). Tootle v. State, 203 Ga. App. 497, 417 S.E.2d 433 (1992).

Anyone trying to obtain a timely reinstatement of his or her license should contact competent and experienced legal counsel to help guide the way to compliance with these complicated rules. Many potential problems can be avoided by handling the process in a timely and orderly fashion. Errors in the reinstatement process can delay return of the driver's license and may even prevent reinstatement, depending on the circumstances and the vagarities of state law.