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Consequences of a DUI

Court Related Consequences

  • DUI Convictions in California last Ten Years.
  • Mandatory probation which will be for one year minus any days in jail for misdemeanor offenses; five years of probation required for felony 4th (or more) offense in 10 years (minus any prison time served).
  • Jail -- up to 12 months on misdemeanor offenses; up to 5 years for felony offenses.
  • Fine -- Misdemeanors -- up to $ 1,000 + surcharges (+/- $ 1,650) for first or second DUI; up to $5,000 + surcharges (+/- $ 7,000) for third or fourth DUI.
  • Major rental car companies will not rent vehicles to anyone with DUI conviction (length of time varies from 3 to 6 years).
  • Mandatory DUI School -- 20 hour course must be taken
  • Ignition Interlock device installation will be required on virtually all repeat offenses and (with some judges) even for a "first" offense under CA law.
  • Creates a prior offense to be used in future sentencing offenses. California has a “mandatory minimum,” sentencing for all guilty convictions.
  • Eligible family member must apply with Commissioner of Revenue for "special" license plate for any cars allowed to be driven by family members, if repeat offender lost all tags of vehicles titled in his or her name as a result of conviction and assuming family member (who has no other transport) can prove "hardship".
  • DUI is the only motor vehicle offense that shows up on NCIC database (national crime information center, Quantico, VA). This is kept by the FBI.
  • Community service hours -- 40 to 480 hours required, depending on first or multiple DUI offenses.
  • "DUI Court" program -- in many courts are imposing a long and costly "DUI Court" programs that require weekly court visits and mandates regular attendance and proof of treatment and couseling sessions. Random Drug Screening may also be required.

Insurance Consequences

  • Increased insurance costs on auto, life, and possibly health insurance.
  • SR-22 (assigned risk) required for 3 years (or only eligible for substandard rate policy).
  • Life Insurance companies will typically deny policy issuance or raise rates.
  • Health insurance rates can be increased or your policy denied.
  • If you lose all driving privileges, your car may remain uninsured for over 6 months, causing rates to sky rocket/ start from scratch.
  • If in an accident takes place that would be covered by worker's compensation law, the claim could be denied if a DUI conviction is proven.

Travel Consequences

  • Cannot leave the country without checking-in
  • 26. Business or personal trips to some foreign countries, such as Canada, blocked or extremely difficult to obtain.
  • Denial of naturalization (not allowed to become U.S. citizen) for 5 years after DUI case is finished.
  • Possible deportation from U.S. to country of origin, if not a U.S. citizen.
  • "Green" card renewal or work visa renewal becomes difficult.
  • Without proper citizen paperwork, I.N.S could detain you and send you back to your country of origin.
  • International travel becomes difficult, if not prohibited all together.
  • Restriction on being able to ship a hunting rifle to some countries for sporting or recreational purposes, if DUI conviction on record.
  • Second LIFETIME DUI triggers provisions of "The Interstate Compact" -- see www.interstatecompact.org, sections 2.105 and after.

Financial Consequences

  • Responsible for damages, if there was a DUI related accident.
  • Alcohol and drug dependency screening may indicate that treatment is needed, and cost thousands or tens of thousands of dollars to complete.
  • Interest rates for loans, including home loans, may be higher, if not denied all together.
  • Inability to rent an apartment in "trendy" area, because tenant considered "high risk".
  • Credit score can be negatively affected by a DUI conviction being reported.
  • Cannot buy new car without FULL plastic license in your possession (Homeland Security Act).
  • Restitution -- You can be court-ordered to repay DUI-accident related property damages or medical bills to an injured third party -- part of probation.
  • Probation fees typically run $40 to $45 +/- per month, or $480 to $540 per year.

Interrupted Education Consequences

  • A university of college can sanction educational consequences in the form of suspension or dismissal
  • If you are a recipient of the H.O.P.E. scholarship, it can be revoked if you are convicted of a drug related crime (including alcohol).

Employment Consequences

  • Automotive franchisees have a "morals" clause in their agreements with manufacturers, so DUI may cause loss of multi-million dollar contract for dealership.
  • If licensed as a broker under federal or state securities laws, can lose ability to be a broker (series 7, series 63).
  • Job applications -- must always check the box "yes" when asked about convictions.
  • Professional license applications -- any of the "licensed professions" can withhold or delay licensure or initiate revocation proceedings (e.g., State Bar, Medical Board).
  • Employee manual from job may require disclosure to Human Resources department, leaving it up to the company to decide if they want to extend employment.
  • Loss of company vehicle with associated loss of the financial savings from not having to own and maintain another vehicle.
  • Loss of company insurance for company-issued vehicle.
  • If your company has a contract with Avis or Hertz and the license check on the computer shows you have a DUI, the rental company can deny access to their vehicles, so you cannot perform your job.
  • Commercial driver's license may be lost (which can lead to loss of employment.)
  • Concealed weapons permits may be denied (which can lead to loss of employment).
  • Some industries/employers will terminate immediately upon conviction, depending on the industry.
  • Security clearance will be denied or revoked at military bases or similar businesses that "contract" with the U.S. Government on high security clearance (e.g., nuclear power plants).
  • Military superior officers may sanction any service member by denying privileges on the base, and impose other restrictions on duties.
  • Military advancement and career may be over.
  • Personnel in military who are about to be deployed to combat duty (Iraq or Afghanistan) can be pulled out of deployment and may be discharged from military service, possibly by general discharge or even dishonorable discharge.
  • Denial of admission to many professional schools, (e.g., law school, medical school, nursing, physical therapy certification).
  • Pilot's license can be revoked or withheld for any ALS driver's license suspension or DUI conviction. Failure to make timely report to FAA can revoke pilot's license.
  • Teacher can lose job, in certain schools and counties, both private and public.
  • All branches of military will delay your enlistment until all probation is terminated, so delay can affect plans.
  • Doctors or dentists can be suspended from practice until "rehabilitated" for alcohol dependency or drug dependency. DEA permit to dispense medications such as anesthesia or hydrocodone can be withdrawn permanently or for period of time, to be later reconsidered.
  • Bartender’s license can be denied if you have DUI or are on probation for DUI.
  • Union contracts often call for and require reporting of any DUI convictions. Failure to report can cause loss of union membership.
  • CPAs with larger firms are required to report a DUI conviction under the full financial disclosure rules of the federal Sarbarnes-Oxley Act.
  • Cosmetologist license can be suspended for repeat DUI offenders.
  • College sports athlete can lose scholarship is repeated alcohol-related offenses.
  • Pro athlete with repeated DUI offenses can be banned from League until and unless rehabilitated.

Other Legal Consequences

  • Can be used in leverage in child custody cases.
  • Concealed weapons permit may be denied or revoked.
  • Accident caused by DUI where others are injured or killed can lead to the person injury claim becoming NON-DISCHARGEABLE in federal bankruptcy courts. This means that your wages can be garnished indefinitely, until full debt is paid. See 11 U.S.C.A. ? 523(a) (9).
  • No "first offender" status available on DUI – prohibited in the state of California. 72. No "youthful offender" statute available under California DUI laws.
  • Repeat offenders face harsh consequences in the form of interlock systems to start your car, increased fine and jail time.
  • If felony DUI conviction, cannot possess any firearms or ammunition. 18 U.S.C.A. ? 922.

Miscellaneous Consequences

  • Inability to rent a vehicle forces you to rent cabs
  • If you are a Pilot, you cannot partake in flight.
  • Constant contact from MADD and other DUI agencies.
  • Internet access to criminal arrests accessible from several websites, including your court's "docket".
  • Court records available online (e.g., Google search) so your name is now famous on google.
  • Peer judgment and gossip.
  • Repeat offenders in CA will face jail time, increased fines, longer DUI classes and personal information shared online.
  • Using U.S. Passport rather than Drivers License may cause gossip, as well.
  • Refusal to fly internationally.
  • Churches and other religious institutions perform background checks which may prevent you from volunteering.
  • If you do not have a passport and your Driver’s License is revoked, a two month waiting period may take place for receipt of passport. This means you cannot travel or enter into mature locations.
  • Must always admit to a previous conviction.
  • If you refuse the test and lose your ALS hearing, maximum suspension implemented.

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