California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
DUI Laws A to Z
California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
DUI Penalties
The impact of a DUI conviction can haunt a person for years to come. But a good attorney can often get penalties reduced…and sometimes even get the case dismissed
DMV & Licenses
A good DUI attorney may be able to get the license suspension reduced, or even avoided altogether
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If a college applicant has a DUI record, the school or university may do one of three things. These are:
The determination as to which one of these three happens depends on:
In general, the same three possibilities will apply with admissions to universities post-college (such as admissions for a master’s degree or admissions to law or medical schools).
Please note that when a person applies to a college, the application will ask if the person has ever been convicted of a crime. A DUI conviction is indeed a crime and the applicant must disclose it.
If a student does have a DUI record, he can always try to expunge it. “Expungement” of a DUI conviction is an after-the-fact dismissal of the case. Typically, this means that it will not be held against a person for purposes of college admissions.
If a college applicant has a DUI record, the school or university may do one of three things. These are:
The determination as to which one of these three happens depends on:
As to the last point, note that not all DUI offenses are the same. Some are misdemeanors while others are felonies. Some DUI offenses cause injury or death. In addition, certain offenses will involve drivers with extremely high blood alcohol concentrations. A college or university will usually look at all of the details surrounding a DUI record. In general, the more damaging or harmful the details, the greater the chances the record may lead to a rejection.
In general, the same three possibilities above will apply with admissions to universities post-college. Examples of these admissions include applications for:
While the three possibilities still apply, however, there is a greater chance that the college or university will consider the DUI record when determining acceptance or rejection.
If a student does have a DUI record, he can always try to expunge it. Expungements of criminal records in California is authorized by Penal Code 1203.4 PC.
“Expungement” of a DUI conviction is an after-the-fact dismissal of the case. Typically, this means that it will not be held against a person for purposes of college admissions. In addition, after expungement, a conviction does not need to be disclosed to potential employers.
Expungement is available to anyone convicted of either a California misdemeanor or a California felony provided that:
Most California driving under the influence convictions will meet these requirements.
As soon as someone completes probation for a DUI, he may petition the court to expunge the record of conviction. A judge will then review the petition to determine whether that person is eligible for an expungement. If he is, then the judge grants the petition and the DUI offense is expunged.
Recall that, depending on the facts of a case, a DUI may be charged as either a misdemeanor or a felony. Since a felony is a more serious crime than a misdemeanor, a college is more likely to consider a felony DUI in comparison to a misdemeanor DUI.
Driving under the influence of alcohol in California is typically a misdemeanor offense.
There are situations, however, when an otherwise “simple” California DUI will be charged as a felony DUI offense. A California drunk driving charge may result in a felony if:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.