Hardship Relief From Court-Ordered DUI Class Fees

Attorney Answer

Not being able to afford the classes is not, by itself, a probation violation — but silence is what gets people violated. Go back to the court before you miss anything else.

Two separate provisions matter. Penal Code § 1203.1 is the statute that grants probation and authorizes its conditions. The court's power to fix your problem comes from Penal Code § 1203.3(a), which lets the court revoke, modify or change its probation order during the term of probation. That is the provision a motion to modify a payment or attendance condition is brought under.

Second, and specific to DUI probation: Vehicle Code § 23601(b) applies to probation and conditional sentences for DUI under Vehicle Code §§ 23152 and 23153, and provides that only a willful failure to pay a fine, restitution or assessment during the term of probation is a violation of probation. Section 23601(c) adds that where payment has been stayed, nonpayment is not willful until the stay is lifted. Genuine inability to pay is not the same thing as refusing to pay — but that protection is written around money owed, and it does not cover simply not showing up to class. That is why the fix has to come from the court under § 1203.3(a) rather than from you deciding on your own to stop attending.

What you can do

1. Keep attending anything you can still attend. Stopping without a court order is what turns a money problem into a violation. 2. Ask the clerk in the court that sentenced you to put you on calendar, or file a motion under Penal Code § 1203.3(a) to modify the payment and attendance conditions. Say exactly what you can pay and by when. 3. Ask the licensed DUI program, in writing, whether it offers a sliding scale, a reduced fee, or a payment plan, and keep the written answer. 4. Bring proof: pay stubs or proof of no income, benefit letters, the death certificate or funeral invoices, and any medical or childcare costs. 5. Tell your probation officer in writing what you are doing and when your court date is, before the deadline passes rather than after. 6. If a violation is already alleged, ask the court to appoint counsel at that hearing.

⏱ Time limits apply. The court's authority to revoke, modify or change your probation order under Penal Code § 1203.3(a) runs during the term of probation. Once the term ends, or once a violation has been found, your options narrow considerably. How much of your term is left depends on your specific sentencing order — check the minute order or ask the clerk.