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HOW TO SEAL AND DESTROY DUI ARREST RECORDS IN CA
Having a DUI arrest on your criminal record can cause problems in the future. Employers, landlords, colleges, scholarship committees, professional licensing agencies, and other people running a background check might look unfavorably upon a DUI arrest. It does not matter that you were never convicted. The mere fact that you were arrested for driving under the influence can make you appear “guilty” to some people.
The good news is that you can talk to your California DUI defense lawyer about having your DUI arrest records sealed and destroyed. California laws permit individuals to wipe away arrest records from their criminal records if they were never convicted of the crime.
That means you could get rid of records including:
- Your fingerprints
- Chemical test results
- Police reports with the details of your DUI stop and arrest
- Arrest booking photographs
- Police statements related to field sobriety tests and observations that gave them probable cause to make an arrest (i.e., you smelled of alcohol, you had slurred speech, your eyes were bloodshot, etc.)
- Rap sheet entries
Having DUI arrest records in California sealed and destroyed can significantly impact your future. Our California DUI defense attorney explains the process to seal and destroy DUI records in this article. We encourage you to reach out to us if you have additional questions or concerns.
What Are the Eligibility Requirements for Having DUI Arrest Records Sealed and Destroyed?
California Senate Bill No. 393, signed by Governor Jerry Brown on October 11, 2017, was codified in California Penal Code 851.87 PC. Under the code section, a person may petition the court to seal the arrest record as a matter of right under one of five circumstances.
You have the right to seal the records of a DUI arrest if any of the following situations apply:
- The prosecutors never filed criminal charges
- The state filed the criminal charges, but the prosecutor or the court dismissed the charges
- A jury acquitted you after a jury trial (found you not guilty of the DUI charges)
- A court vacated or overturned your DUI conviction on appeal
- You successfully completed a presentencing or pretrial diversion program
However, some exceptions to the law allowing a person to petition the court for sealing and destruction of arrest and court records exist. Fortunately, these exceptions should not impact a petition to seal and destroy records from a DUI arrest for most individuals.
Are There Exceptions to the Law for Sealing Arrest Records?
Some people are not eligible to have their arrest records sealed. Exceptions include:
- The person could not be charged with a crime because they intentionally evaded police efforts to prosecute the arrest
- The state may still charge the person with a crime under the arrest
- The person evaded efforts to prosecute the arrest through identity fraud and resulted in being charged for identity fraud
- The arrest was for murder or other crimes that do not have a statute of limitations unless a court acquitted the person or found them factually innocent of the charge upon a petition of factual innocence
The law makes an exception for sealing records as a matter of right when the criminal charges involve elder abuse, child abuse, or domestic violence. A judge would need to determine whether sealing these records serves the interests of justice.
Only individuals who were not convicted of DUI charges can petition to seal their arrest records. However, if your DUI arrest resulted in a conviction, talk with your California DUI attorney about expunging a DUI conviction.
What is the Process for Having DUI Arrest Records Sealed and Destroyed in California?
Your California DUI lawyer handles most of the work to file a petition to have your DUI arrest records sealed and destroyed. A petition to seal DUI arrest records must contain specific information required by statute. The law requires that the petition includes:
- Your name and date of birth
- The date of the DUI arrest that you want the court to seal
- The city and county where police officers arrested you for drunk driving
- The name of the law enforcement agency making the DUI arrest
- Any relevant information that identifies the arrest, such as a court number or case number
- A description of the alleged DUI offenses you were arrested under or charged with by the prosecutor’s office
- A statement that you are entitled to have your DUI arrest sealed as a matter of right or to serve the interests of justice
- If you base your petition on the interests of justice, you must include an explanation of how the interest of justice would be served if the court granted your petition to seal DUI records
After preparing the petition, your attorney takes the steps necessary to have your DUI records sealed. The general steps in the process include:
File the Petition to Seal DUI Records
File a petition to seal arrest records with the Superior Court that handled the original arrest charge if there were no criminal charges filed, the petition file the petition in the county or city where the arrest occurred.
Under Penal Code §851.8, the law imposed a two-year deadline from the arrest date or the filing of charges (whichever is later) to file a petition to seal arrest records. However, Penal Code §851.87 does not impose a deadline for filing the petition. However, it is best to file the petition as soon as possible.
Service of Process
Serve the petition on the law enforcement agency that arrested you and the prosecutor in the county or city of the arrest.
If the District Attorney objects to your petition to seal DUI arrest records, the court schedules a hearing. Depending on the county of filing, you may or may not need to appear at the hearing. Some counties only require the attorney of record to appear. However, you and your California DUI lawyer discuss the pros and cons of appearing for the hearing if the county does not require you to be present.
During the hearing, the judge examines your DUI arrest records, and any evidence why sealing the DUI records would serve the interests of justice, if applicable. The judge has broad discretion to deny or grant your petition to destroy DUI arrest records.
Because the judge could deny your petition with prejudice (you cannot file another request), hiring experienced legal counsel to handle the petition to seal drunk driving arrest records is in your best interest.
You may only have one chance to get it right. First, you need someone who understands the law and the process of sealing adult DUI arrest records. An attorney ensures that all required forms are filed with the court. The attorney carefully reviews the forms to ensure they contain complete and accurate information.
What Happens After the Court Grants the Petition to Seal DUI Arrest Records in California?
It takes about three months after filing a petition with the court for the court to issue an order sealing your DUI arrest records. Within 30 days after entering the order, the court notifies the following parties:
- The California Department of Justice
- The law enforcement agency that arrested you for driving under the influence
- The law enforcement agency that manages the master criminal history records
The agency updates your master criminal record to note that the court ordered your DUI arrest sealed. The file is no longer a matter of public records. It cannot be released to parties outside of the criminal justice system. The law enforcement agency that made the arrest updates all records, digital and physical, to note the DUI arrest was sealed by the court.
DUI arrest records are a matter of public record. If you have a DUI conviction expunged, the arrest remains on your criminal history as a dismissed case.
However, sealed DUI arrests are no longer a matter of public record. Anyone searching your criminal history will not see the drunk driving arrest. The DUI arrest is only available to you and a criminal justice agency. If your sealed DUI arrest records are released in violation of the law, the party distributing the sealed records faces a civil fine of $500 to $2,500.
You might have a civil claim against the party for compensatory damages. In addition, a court could award punitive damages if the release of your sealed DUI arrest records involved intentional or reckless conduct.
Is the Process for Sealing a Juvenile DUI Arrest Record the Same as Sealing an Adult DUI Arrest?
No, the process under Penal Code §851.87 is for sealing and destroying adult arrest records. It is a different process than the one for sealing a juvenile record.
You could be eligible to seal a juvenile DUI arrest if you:
- Are an adult OR the jurisdiction of the juvenile court ended at least five years ago;
- You have not been convicted of any crimes of moral turpitude as an adult; and,
- You do not have any pending civil litigation related to the juvenile DUI charges, such as a personal injury lawsuit from a DUI accident.
If you have questions about sealing and destroying adult or juvenile DUI arrest records, seek legal advice from an experienced drunk driving defense lawyer in California.
What are the Long-term Consequences of a DUI?
Being arrested for driving under the influence (DUI) in California has several short-term consequences. For example, you could spend the night in jail, and the police officer confiscates your driver’s license.
After being arrested for DUI, the California Department of Motor Vehicles (DMV) may suspend your driver’s license in an administrative hearing. A driver’s license suspension can have a ripple effect throughout many areas of your life. For example, you may be unable to get to work or take your children to school.
However, being arrested and convicted of drunk driving can have long-term consequences. The long-term consequences of a DUI can have lifelong implications. Working with a California DUI defense lawyer can help minimize the adverse effects of a DUI arrest and conviction.
Long-Term Consequences of a DUI in California
The long-term consequences of a DUI charge and conviction may include, but are not limited to:
Car Insurance Rates Increase
Most insurance companies increase auto insurance rates after a DUI charge. An insurance company views DUI convictions as a high risk. People who drive under the influence of alcohol or drugs have a higher chance of being involved in a drunk driving accident.
Therefore, your insurance premium for car insurance could increase for several years. Furthermore, an SR22 form is required when you want to reinstate your driver’s license following a DMV license revocation or suspension. You must also have SR22 if you continue driving with an ignition interlock device (IID).
An SR22 is a certificate of insurance. You must contact your insurance company to obtain the SR22 certificate. It will now know if your insurance company did not previously know about your DUI conviction. The company accesses your DMV records to determine why you need the SR22 form.
Many insurance companies do not provide SR22 coverage. Therefore, if the insurance company cancels your policy or you must find insurance with another company to obtain an SR22 form, you might be deemed a “high risk” driver. If so, you may pay a much higher insurance rate.
Eventually, you may see your car insurance rates decrease if you have a clean driving record for at least three years.
Driver’s License Suspension or Revocation
Being convicted of drunk driving may result in losing your driving privileges. Your driver’s license may be suspended for six months to a year for your first DUI conviction. However, the court could suspend your driving privileges for much longer for repeated DUIs or when there are aggravating factors.
You must apply for a new driver’s license at the end of your suspension. You must pay the fees and assessments for obtaining a new license. If your driver’s license is revoked, you cannot reinstate your driving privileges.
Being unable to drive makes it difficult to get to work. If your employer requires you to drive as part of your job, you may lose your job. In addition, your children may have trouble getting to school and extra-curricular activities.
Losing your freedom to drive means losing your freedom to attend social gatherings and run errands. Arranging for rides and public transportation after a DUI can be costly, time-consuming, and frustrating.
Installation of an Ignition Interlock Device
The court might order you to install an ignition interlock device (IID). An IID is a device that checks your blood alcohol level (BAC) before you can start your car. You must choose an IID company approved by the court.
The IID is wired to your vehicle’s ignition system. You must provide a breath sample by blowing into a valve before the engine starts. If the device detects alcohol, the car will not start. You might need to blow into the device periodically while driving to ensure you have not consumed any alcohol.
You are responsible for paying for the IID device. Installation can cost several hundred dollars. Additionally, the company charges a monthly monitoring fee. Courts may require IIDs for several years. If you want to drive, you have no choice but to pay for the device.
Employment and Professional License Suspension or Revocation
A DUI arrest may immediately jeopardize your employment. Employers may fire you for missing time from work for court hearings, community service, and jail time.
Truck drivers, delivery drivers, and other people who must drive a vehicle for their job could immediately lose their job for driving under the influence. If you drive for work, you might need to change your career because of a DUI conviction.
If you do not lose your job, you might have trouble finding employment in the future. Future employers may check your criminal record. A DUI remains on your criminal record for ten years. Felony DUIs stay on your record forever.
A drunk driving conviction could impact some professional licenses. If you hold a professional license, review the standards for revocation of your license. Even though the association does not discover your DUI immediately, it could be a problem when you apply for your license renewal.
Enhanced Penalties for Subsequent DUI Offenses
Under California law, DUIs are “priorable” offenses. Each DUI within the past ten years enhances your sentence for a current drunk driving conviction. Felony DUIs remain on your record forever.
Enhanced DUI penalties could include longer jail sentences, higher fines, mandatory IID installation, longer terms of summary probation, and longer periods of driving suspension.
Disclosure in Background Checks
In addition to employers, schools, landlords, financial institutions, and other parties may conduct background checks. A DUI shows up on your criminal background check.
A DUI could result in not receiving a scholarship or grant for college. A landlord might deny a rental application. Many companies perceive a drunk driving charge as a negative indication of your reliability and ability to make sound decisions.
Increased Life Insurance Rates
A DUI on your record could increase your premiums when you apply for life insurance. The life insurance company may view you as high risk and more costly to insure. It is similar to someone who smokes cigarettes, works in a high-risk job, or participates in high-risk activities.
International Travel Restrictions
DUIs can complicate travel to another country. Some countries bar entry for anyone who has a criminal record. For example, a DUI conviction can prevent you from entering Canada.
Damage to Personal and Professional Relationships
A DUI conviction could impact your relationships with co-workers, friends, and family members. People may perceive you differently after a DUI arrest or conviction. For example, your family members may be angry that you risked your life and the lives of others in the vehicle with you.
Some individuals experience guilt or embarrassment after a drunk driving charge. Those feelings could cause depression and isolation, negatively affecting professional and personal relationships.
End or Deny a Military Career
DUIs for active service members can be problematic. You may be punished in criminal court, but you could also receive penalties from the military. If you want to join the military, a DUI on your criminal record could be a problem.
Military personnel are held to higher standards than the general public. Therefore, driving under the influence could result in being found unfit for duty or being demoted in rank.
Issues with United States Immigration Status
Being arrested for any reason could negatively impact your immigration status. For example, being convicted of DUI in California could result in deportation. In addition, repeated DUIs might prevent you from gaining permanent U.S. citizenship.
LIability in Civil Lawsuits
Causing a DUI accident results in severe criminal penalties. In California, killing or injuring someone while driving under the influence can be punished with decades in jail and extremely high fines.
However, you may also face a civil lawsuit. The person you injured may sue you for damages. Damages for a drunk driving accident could total hundreds of thousands of dollars. If you do not have sufficient auto insurance, you could be personally liable for those damages.
How to Avoid Long-Term Consequences of a DUI in California?
Being charged with driving under the influence is not a conviction. You must plead guilty or the state must prove its case against you for a conviction. You have the right to retain a California DUI criminal defense attorney or fight the DUI charges yourself.
It is in your best interest to talk to a California DUI lawyer. A DUI lawyer understands California’s drunk driving laws. In addition, an attorney knows what the state must prove to make its case.
Your lawyer investigates the circumstances and facts of the traffic stop and DUI arrest. If law enforcement officers violate your civil rights, your attorney can file a motion to suppress evidence. Without evidence, the prosecutors may not be able to prove their case.
With an attorney’s assistance, you might receive a better plea deal. Your attorney argues the facts of the case to reduce DUI charges and penalties.
A prosecutor is more likely to work with an attorney than with you. The prosecutor takes advantage of your lack of legal knowledge when negotiating a DUI plea agreement.
If the police arrest you on DUI charges in California, do not talk to the police. You can refuse a roadside breathalyzer and the field sobriety tests without penalty in California. However, you must take a chemical test after a DUI arrest or face enhanced penalties for a DUI conviction.
As soon as possible, contact our California DUI defense lawyer to discuss the best way to fight the drunk driving charges to avoid criminal penalties and long-term consequences of a DUI.
How a DUI Can Affect Immigration Status?
Most DUI offenses in California are misdemeanors. However, aggravating circumstances, a prior criminal history, and other factors could result in felony DUI charges. Under California DUI laws, a drunk driving conviction stays on your criminal record as a “priorable” offense for ten years. Felony DUI convictions always count as a priorable offense, regardless of the date of conviction.
Dealing with DUI charges can be stressful and frightening. However, if you are an illegal resident of the United States or an immigrant with a VISA, a DUI conviction could negatively affect your immigration status.
The Department of Homeland Security can deport any non-US resident back to their home country and bar them from reentering the United States for a specific period or indefinitely. That includes non-US citizens living and working in this country legally.
Therefore, it is important to understand how a drunk driving conviction could affect your immigration status or result in deportation.
Foreign Citizen DUI Cases in California
If law enforcement officers arrest a foreign person for driving under the influence in California, they face the same penalties that a citizen faces for a conviction on the criminal charges. For example, aggravating factors can result in enhanced sentences for criminal convictions of DUI.
However, undocumented immigrants, permanent residents, and anyone who is not a U.S. citizen must deal with the added complication of what a drunk driving conviction does to the immigration status.
Are you are a foreign national charged with driving under the influence in California? If so, it is crucial for you to seek advice from an immigration attorney and a California DUI defense lawyer as soon as possible. Potential consequences that you could face include:
Deportation for Undocumented Immigrants
If you are in the United States illegally, a DUI arrest can lead to deportation. It does not matter whether you are guilty of driving under the influence. You will likely undergo immigration proceedings and deportation, regardless of your guilt or innocence.
ICE (Immigration and Customs Enforcement) may become aware of your arrest for driving under the influence through the DHS Secure Communities Program. If ICE realizes that a California law enforcement agency has custody of you, it could issue an immigration hold.
In some cases, the police officers making the DUI arrest may become aware that you are in the country illegally. If so, they could inform ICE of your arrest. Having a fake driver’s license or documentation does not fool law enforcement officers for very long.
If ICE officials do not discover you after a DUI arrest, you might not want to fight the DUI charges for fear of being discovered. However, having a criminal record could put you higher on the ICE radar. Talk to a California DUI defense lawyer about potential DUI defenses that could prevent you from having a criminal record.
Your Visa May Be Revoked for a DUI Arrest in California
If you are in the United States legally, you could still face deportation for a DUI arrest. The United States Department of State could revoke your visa for being arrested for drunk driving.
The revocation of your visa could occur before you have a chance to defend yourself against the DUI charges. It is essential to understand that the DOS can revoke your visa merely on the grounds you were arrested for drunk driving. It does not need to wait until you are found guilty of DUI charges to revoke your visa.
The process may be quick because law enforcement agencies share information about arrest records and bench warrants. You could receive the notice of visa revocation shortly after being arrested for driving under the influence. The notice may come before our DMV administrative hearing or DUI pre-trial hearing.
Visa revocations could impact all visa holders and their dependents, including students, highly skilled workers, and visitors. Once the government revokes your visa, you cannot reenter the United States. If you remain in the country, you are doing so illegally.
You must appear before the US consular officer to re-establish your eligibility for a visa. There are no guarantees that you will be granted another visa to reenter the United States after the government revokes your visa for a DUI arrest or conviction.
Deportation for Being Charged with DUI with Aggravating Factors
Green card holders (permanent residents) and other legal non-citizens generally do not need to worry about being deported if they are charged with or convicted of driving under the influence. Traditionally, a DUI conviction was not grounds for deportation for these individuals.
The United States Supreme Court ruled that driving under the influence was not a violent crime, so it was not an aggravated felony. Aggravated felonies are generally grounds for deportation. However, there are exceptions.
If you are arrested for driving under the influence with aggravated circumstances, you could face deportation or problems with your immigration status. In addition, if you leave the country, you could be barred from reentering.
Examples of aggravating factors that could increase a DUI to a deportable offense for some legal aliens include:
- Having a child in the vehicle, resulting in child endangerment charges
- Being arrested for drunk driving while driving on a suspended driver’s license
- Having multiple DUI offenses or being listed as a habitual traffic offender
- Being arrested for drunk driving after committing other crimes
- Driving under the influence of a controlled substance
- Causing injury or death because of a DUI accident
In addition to worrying about being deported, a person with a green card must also worry whether a DUI can prevent them from becoming a US citizen. There is a test of good moral character during the examination process for citizenship.
A crime involving moral turpitude within five years of the citizenship application could complicate the matter. Some of the aggravating factors associated with drunk driving could be interpreted as a crime of moral turpitude.
Fighting a DUI can prevent a criminal record, making passing the good moral character test easier. Therefore, if you intend to apply for citizenship, it is vital that you seek legal advice from your immigration lawyer and a skilled California DUI defense lawyer.
What Should I Do if I Am Arrested for DUI in California, and I Am Not an Untied States Citizen?
Seek legal advice from a California DUI attorney and immigration lawyer immediately. Each DUI case involving a no-citizen is unique. Therefore, the circumstances of your DUI case combined with the unique circumstances of your immigration status mean that each case must be evaluated individually.
Even though some individuals could be deported merely by being arrested for DUI, it does not mean you should not prepare to fight DUI charges aggressively.
You are innocent until proven guilty. The prosecutor has the burden of proving beyond a reasonable doubt that the charges against you are true. That level of proof is a high standard in a criminal court proceeding.
There are many ways to beat DUI charges in California. Numerous defense strategies attack drunk driving charges from various positions. An experienced California DUI attorney investigates the circumstances surrounding the DUI stop and the arrest for driving under the influence.
The attorney’s investigation may lead to flaws regarding procedure or evidence in the case. Those flaws may give rise to one or more DUI defenses.
Potential DUI Defenses That Could Result in Dismissal or Reduced Charges
Some of the most common DUI defenses that can result in a DUI dismissal or reduction of charges include:
Problems with Chemical Tests for BAC Levels
Breathalyzer tests measure the amount of blood alcohol on your breath. However, those results could be inaccurate for many reasons. Common causes of inaccurate breathalyzer results include, but are not limited to:
- Differences in a person’s individual partition ratio
- Malfunctioning equipment
- Incorrect calibration of the equipment
- Lack of maintenance or property training
- Certain medical conditions, including diabetes, GERD, hiatal hernia, and acid reflux
- Ketosis from low-carb diets
- Mouth alcohol because of dentures, using breath spray, burping, using an asthma inhaler, etc.
Blood and urine tests may also be incorrect and flawed. For example, fermented blood can cause BAC results to be inaccurate. Incorrectly handling the samples can cause contamination. Improper storage of samples can also result in inaccurate results.
Your DUI defense lawyer may attack the results of a chemical test to have your charges dismissed or reduced.
Lack of Probable Cause for a DUI Stop or Arrest
Police officers must have probable cause or reasonable suspicion to make a DUI stop or arrest. Your attorney may file a motion to suppress evidence because of an illegal search. A lack of probable cause could result in the DUI charges being dismissed.
Rising Blood Alcohol Levels
The alcohol in your system continues to increase for some time after you consume your last alcoholic beverage. Depending on the person, it could take up to three hours after consuming alcohol for the body to absorb the alcohol fully.
If the police officer waits too long to perform a chemical test, your BAC could be much higher than it was at the time of your arrest.
In some cases, you might have had a BAC level below the legal limit when the police officer stopped you for suspicion of drunk driving. So instead of being impaired by alcohol, you might have just been distracted or be a poor driver.
Health Conditions That Mimic Intoxication
Some medical conditions can make someone appear intoxicated when they have not had any alcohol to drink. For example, a diabetic sugar low can cause slurred speech, trouble walking, and inability to follow instructions. Brain damage and epilepsy could cause someone to appear drunk.
Allergies could cause red or blurry eyes. Slurred speech may also be caused by fatigue and drowsiness from working a double shift. Alcohol on your breath may be from using an OTC medication or cough drops.
Explore All Potential DUI Defenses with a California DUI Defense Lawyer
The above DUI defenses are just a few of the defense strategies that a lawyer might use to defend you against DUI charges. However, many more potential defenses could apply in your case. Explore all of the ways you could beat DUI charges in California by meeting with an attorney as soon as possible after a drunk driving arrest.
A prosecutor or police officer will not tell you that the evidence against you is weak. They will not tell you that you have one or more defenses what could result in the court dismissing the DUI charges. Only a skilled DUI attorney can do that for you.
How to Get a Revoked Driver’s License Back in California
Unfortunately, you cannot get your revoked driver’s license restored or reinstated in California. If the California Department of Motor Vehicles or the court revoked your driver’s license, you must apply for a new driver’s license.
You may not apply for a new driver’s license until the entire period of your revocation expires. Furthermore, to get a new driver’s license, you must take and pass all required DMV tests to obtain a driver’s license, including:
- Written test covering traffic laws in California
- Driving test supervised by a DMV instructor
- Vision test
You may also be required to take an alcohol/drug education course. You must also pay all applicable fees to get a new driver’s license and provide proof of insurance.
What Does Revocation of a Driver’s License Mean in California?
According to California Vehicle Code §13101, revocation of a driver’s license means that the person cannot drive legally within the State of California. The vocation applies to all motor vehicles. The person must wait until the end of the revocation period to apply for a new driver’s license.
Why is a Person’s Driver’s License Revoked in California?
There are several reasons that the California Department of Motor Vehicles revokes a person’s driver’s license. Some of the common traffic offenses that can cause a driver’s license to be revoked include, but are not limited to:
Driving Under the Influence
The Admin Per Se or administrative license suspension program began in 1990. The program was a deterrent to drunk driving. Under the Admin Per Se (APS) program, the DMV is required to revoke or suspend the driving privileges of anyone arrested for DUI or DUID who:
- Refuses to take a chemical BAC test to determine the level of alcohol or drugs in their system
- Has a .01% BAC level while driving on DUI probation, a .04% BAC level while driving a commercial vehicle, or .08% BAC level while driving a non-commercial motor vehicle
Blood or breath tests are used to determine BAC levels after a drunk driving arrest. A urine test is used as a chemical test unless the person takes an anticoagulant medication or is a hemophiliac. Urine tests are otherwise unavailable unless both a breath and blood test cannot be performed.
Road Rage Under California Vehicle Code §13210
Road rage is another common reason why a person’s driving privileges may be revoked. Under California Vehicle Code §12321, the DMV may revoke a person’s driver’s license for angry or aggressive behavior toward bicyclists, pedestrians, or other drivers.
Conduct that could result in the DMV revoking a driver’s license for road rage includes, but is not limited to:
- Verbal insults
- Threatening physical violence
- Rude gestures
- Dangerous driving intended to intimidate another driver
- Hitting another vehicle
- Acts of physical violence
- Threatening another driver with a weapon
Road rage incidents can be serious crimes. The person may be charged with other crimes under the penal code, including murder and assault. In addition, the driver could face other charges under the traffic code, including reckless driving and speeding.
Mental or Physical Disorder
A driver’s license may be revoked because the driver has a physical or mental disorder that prevents them from operating a motor vehicle safely. A DMV reexamination hearing may be requested by a friend, relative, caregiver, physician, the court, or other parties.
A driver’s license may be revoked because the person committed a crime. Criminal convictions that could result in revocation of a driver’s license include, but are not limited to:
- Vehicular manslaughter under California Penal Code §192c PC
- Committing a felony that involves using a motor vehicle
- Reckless driving that results in bodily injury to another person under Vehicle Code §23104
- Subsequent DUI convictions with a BAC of .08% or higher
- Incidents of driver’s license fraud, including criminal charges for forgery under Penal Code §470 PC
Some criminal convictions can result in permanent revocation of driving privileges, including felony assault with a deadly weapon when using a car as the weapon. Killing someone while driving under the influence results in permanent driver’s license revocation.
A DMV revocation of driving privileges lasts a specific period of time. In most cases, the DMV notifies the driver how long the driver’s license revocation period lasts. However, the DMV could revoke a person’s driver’s license for an unspecified period.
How Can You Avoid a Driver’s License Revocation in California?
You could challenge the DMV’s decision to revoke your driver’s license. However, you must file a request for an administrative hearing within ten days of receiving the revocation notice from the DMV or within 14 days of the mailing date of the notice.
DMV administrative hearings are not criminal hearings. These hearings are separate from any criminal court hearings you might have regarding criminal charges. The hearings are held at the DMV offices before a hearing officer instead of in court before a judge.
The standards of evidence and proof are less strict at a DMV hearing than they are in criminal court. However, it is important to remember that these hearings are held by an experienced DMV hearing officer trained in the procedure, evidence, and the laws applicable to the matters being heard.
You have the right to be represented by an attorney at the hearing. Most California DUI lawyers offer free consultations so that you can talk with a lawyer before the hearing about your rights.
At the hearing, you have the right to examine the evidence presented by the DMV and cross-examine any witnesses presented by the DMV, such as the law enforcement officers who made the arrest. In addition, you may testify at your hearing and present witnesses and evidence on your behalf.
Is There a Difference Between Suspending Driving Privileges and Revoking Driving Privileges in California?
When the DMV suspends your driver’s license, it puts a “hold” on your driving privileges. You are prohibited from operating a motor vehicle for a specific period. You can resume driving at the end of that period provided you have the required insurance and your driver’s license has not expired.
A revocation of a driver’s license means that the driver’s license has been canceled. Your driving privileges are not automatically reinstated at the end of the revocation. As discussed above, you must go through the entire process of obtaining a new driver’s license if you want to operate a motor vehicle in California.
Can You Expunge a DUI Conviction From Your Criminal Record to Avoid Revocation for Subsequent DUI Convictions?
California Penal Code 1203.4 PC is the expungement law in California. It allows you to expunge most DUI convictions, including misdemeanor DUI and other prior convictions.
To be eligible to petition the court for DUI expungement, you must meet the following criteria:
- A state court must have ordered your DUI conviction
- You cannot have served time in state prison
- You met all requirements of your sentence, including performing community service, paying restitution to victims, attending treatment programs, and paying fines or assessments
- You completed probation, or it has been at least one year after your DUI conviction if you were not sentenced to summary probation
- You did not violate any of the terms of your probation
- You are not currently charged with another crime, serving probation for another criminal conviction, or serving time for another crime
Even though you can expunge DUI cases so that they do not show up as criminal convictions on a background check, DUI cases remain on your DMV record. Expungement in California does not waive the fact that drunk driving convictions are “priorable” offenses.
A priorable offense counts toward sentencing for any subsequent offenses. Furthermore, expunging a DUI conviction does not shorten the period of driving suspension or revocation. You must still wait until the end of the revocation or suspension period to reinstate driving privileges.
Even though you expunged the DUI conviction, you would need to go through the same process of obtaining a new driver’s license when the revocation period ends. Additionally, any new offenses could count toward a revocation of your driving privileges again.
What Should I Do if I Am Facing a DUI Charge in California?
DUI offenses should be taken very seriously. Losing your driving privileges could result in unemployment and problems keeping a professional license. In addition to losing your driver’s license, you face substantial fines, jail time, summary probation, DUI school, and other penalties. Depending on the circumstances of the DUI arrest, you could spend years in prison for driving under the influence.
However, you could have several defenses to the DUI charges. A California DUI defense lawyer examines the circumstances of your DUI arrest to determine if the law enforcement officers violated your civil rights. Your attorney also explores other DUI defenses that could result in the charges being dismissed or reduced.
In the event that you cannot avoid a DUI conviction, your attorney negotiates with the prosecutor to get the best possible terms for a plea deal. Negotiating a plea deal or pleading guilty to DUI charges without a lawyer could result in harsher penalties than is necessary for your case.
Racial Profiling and Your DUI – What You Should Know
Racism is still prevalent in traffic stops throughout California. Law enforcement officers continue to pull over more Black individuals without probable cause than White individuals.
According to the annual report by the Racial and Identity Profiling Advisory Board, in 13.1 percent of the traffic stops of Black individuals in 2020, the police reported “no action taken.” That indicates the person Black person was not engaged in criminal activities. That rate is 2.3 times higher than the rage of White individuals.
Additionally, law enforcement officers searched Black individuals at a rate of 2.4 times that of White individuals. Use of force against African Americans during a traffic stop occurred 2.5 times more than the use of force against White individuals.
Sadly, racially motivated traffic stops continue in California Racial profiling by police officers for traffic stops violates the United States Constitution and California law.
What is Racial Profiling?
Racial profiling is the discriminatory practice by police officers of targeting people for suspicion of committing a crime because of the person’s race, national origin, ethnicity, or religion. Racial profiling assumes that a person is more likely to commit a crime because of their ethnicity or skin color.
Victims of racial profiling in California are more likely to be subjected to unfounded traffic stops and car searches based on race instead of a reasonable suspicion of a crime. Examples of racial profiling on the street include DUI stops, DUI checkpoints, and general traffic stops.
Racial profiling in California often involves African Americans and Hispanic individuals. However, people from the Middle East and Asia are also victims of racial profiling by law enforcement agents.
California Penal Code §13519.4 – Racial Profiling
California Penal Code §13519.4 prohibits law enforcement officers from engaging in racial or identity profiling.” What does that mean?
The legislature included the statement in the code section that states racial or identity profiling presents a danger to the “fundamental principles of our Constitution and a democratic society.” The practice “is abhorrent and cannot be tolerated.” Racial profiling is used for stopping and detaining individuals has no place in our criminal justice system.
Defining Racial or Identity Profiling for the Purposes of Traffic Stops
Police departments have a duty to educate officers to reduce the instances of racial profiling in traffic stops. Racial profiling is a threat to public safety for all citizens.
California Penal Code §13519.4 defines racial or identity profiling as the consideration or reliance on any of the following qualities to any degree when deciding which persons to stop:
- National original
- Sexual orientation
- Gender identity or expression
- Mental or physical disability
An officer may consider and rely upon a description of a suspect that includes the above characteristics when they are actively searching for a suspect. However, the code section lists the activities a police officer cannot take based on racial profiling.
Activities Prohibited if They Are Based Solely on a Person’s Race or Identity
The statute lists specific activities that a police officer cannot take if they base their decision solely on a person’s race or identity. Under Penal Code §13519.4, racial profiling is prohibited in the following activities:
- Traffic stops or pedestrian stops
- Actions during a stop, including asking questions
- Seizing any property
- Consensual and non-consensual search of a person or property
- Issuing citations
- Removing people from a vehicle during a traffic stop
- Making an arrest
If a police officer makes a DUI stop solely based on your race, the traffic stop is illegal because of racial discrimination and a violation of your civil liberties. A judge could dismiss your DUI case if a police officer pulled you over for no other reason than you were a Black man or woman.
DUI Enforcement and Racial Bias – How Does it Impact DUI Stops and Arrests?
Studies indicate that racial bias may significantly impact DUI enforcement efforts. For example, according to one analysis of DUI cases in California, Latino/Hispanic men were convicted of driving under the influence at higher rates than White men, related to the estimated rates of alcohol-impaired driving for each specific group. The suggestion is that racial bias plays a role in White men having lower chances of conviction than Latino/Hispanic men committing the same offenses.
Black, Latino, and Hispanic men have many more arrests, convictions, and incarcerations than men of other races or ethnicities, including DUI convictions. Generally, African American drivers are stopped and searched more often than White drivers. As a result, they are over-represented in the number of DUI convictions compared to their portion of the population.
The study’s authors conclude that addressing the differences in DUI convictions based on race is crucial. A DUI conviction can have long-term negative impacts on a person’s housing, employment, voting rights, education, and other critical aspects of life.
California’s Drunk Driving Statute
If police officers pull you over for suspicion of driving under the influence, you could be charged under California Vehicle Code §23152. The officers may charge you with driving under the influence of alcohol or driving with a blood alcohol content of .08% or higher.
The penalties for a first time DUI conviction can include jail time, fines, suspended driving privileges, summary probation, DUI school, and other penalties. In addition, your criminal record and the circumstances of the DUI arrest can enhance the penalties for a drunk driving conviction.
What Should I Do if I Am Stopped for DUI Because of Racial Profiling?
Do not resist arrest or argue racial profiling with the police officer. You could escalate the situation, placing yourself and others in danger. Instead, act respectfully when answering the police officer’s questions about your identity and address.
You do not have to answer other questions, such as have you been drinking and where were you earlier. You may calmly and politely tell the police officer you do not want to answer questions without a California criminal defense attorney.
You are not required to take the field sobriety tests or the preliminary alcohol screening (PAS). You are not penalized for refusing these tests during a DUI stop.
However, you could face enhanced penalties for a DUI conviction if you refuse the evidentiary chemical test after your arrest. The California Department of Motor Vehicles also suspends your driving privileges.
As soon as possible, contact a California DUI defense lawyer to discuss your case. An attorney analyzes the circumstances surrounding the DUI stop to determine if your civil rights were violated.
Proving Racial Profiling in a California DUI Case
It could be challenging to prove that the police officer stopped you because of racial profiling. However, a skilled DUI defense lawyer may be able to argue successfully that you were targeted because of racial profiling. You would not have been arrested for DUI but for the illegal and discriminatory racial profiling by law enforcement officers.
Therefore, the police officers violated your Fourth Amendment protections against illegal searches and seizures. The police officers also violated your Fourteenth Amendment right to equal protection under the law.
Your attorney may request the police officer’s record to search for other instances of racial profiling. Building a pattern of racial profiling can strengthen your racial profiling defense.
A California DUI lawyer also explores other DUI defenses as they gather evidence, interview witnesses, search for video of the DUI stop and arrest, and build a defense strategy for the drunk driving charges.
Filing a Motion to Suppress Evidence Because of Racial Profiling
If you can prove that you were stopped because of your race, it could invalidate the charges of driving under the influence. Police officers must have reasonable suspicion that a crime was committed or someone is in danger to initiate a traffic stop. If the officers make a traffic stop for an illegal reason, their motives impact the entire criminal case.
Had they not made the traffic stop, they would not have gathered evidence that you were driving under the influence. Because the police officers broke the law, the evidence should not be allowed in your case.
If there is evidence of racial profiling, your attorney can file a motion to suppress the evidence. Your attorney argues that any evidence obtained because of illegal means is inadmissible in court. If the judge agrees, none of the evidence the police gathered after they made the illegal traffic stop could be used against you.
Without the evidence, the prosecution does not have a case. The prosecutor may drop the case, or the judge could grant a motion to dismiss for lack of evidence. If you sustained any damages because of the illegal DUI stop, you could sue the state for damages in civil court.
Protecting Your Best Interest by Negotiating a Plea Agreement
If a racial profiling or other DUI defense strategy does not work, you may want to consider whether you want to proceed to trial or negotiate a plea agreement. When the state’s evidence against you is convincing, going to trial can be risky. So instead, your CA DUI lawyer works to negotiate the best plea deal possible for your case.
Your attorney may be able to convince the prosecutor to reduce the charges and decrease the penalties. If so, that might be the best choice you have to protect your future. A DUI conviction can follow you for many years.
Before pleading guilty, talk with a DUI defense attorney. Learn about all your options for fighting drunk driving charges, including raising allegations of racial profiling.
Victims of racial profiling should be heard in court. They deserve justice for the wrongs committed by police officers. The first step in righting wrongs is seeking legal advice from an experienced criminal defense lawyer.