The Non-Criminal Effects of a California DUI Conviction

A conviction for driving under the influence (DUI) carries serious criminal consequences. DUI sentences  often involve heavy fines, license suspension, vehicle impoundment, and more. But the effects of a DUI can extend far beyond the criminal courtroom. 

Criminal convictions can directly impact a person’s life by placing them in jail or forcing them to comply with probation requirements. However, criminal convictions can also indirectly prevent people from engaging in certain activities. Lawyers call these indirect effects “collateral consequences.” These effects aren’t part of the sentence handed down by the criminal court, but they happen nonetheless.

This article discusses the collateral consequences of a California DUI conviction, including family court issues, employment concerns, and driving issues. It also explains how a Marin County DUI attorney can help you and your family at this time. 

Family Law Issues Caused by a DUI Conviction

Healthy family relationships are important. However, a DUI conviction can impact your family life in many ways. 

Custody

California judges decide custody matters using the “best interest of the child” standard. The primary factor in this analysis is the child’s health, safety, and well-being. Other relevant considerations include the child’s age, their relationships with their parents, and each parent’s ability to provide a safe home for the child.

A DUI conviction can affect multiple parts of the “best interests” review. Intoxicated drivers are seven times more likely to cause fatal accidents than sober ones. Marketing campaigns from non-profits as well as federal, state, and local governments have made the public aware of this risk. As such, engaging in drunken driving reflects poorly on a parent. At best, a DUI reflects a tendency to engage in reckless decision-making that could carry over into parenting. At worst, if the child was in the car, it shows that the parent put their child in harm’s way. 

If the family court judge believes that a parent’s substance use is placing a child at risk, they can take several steps. If the parent at issue is the custodial parent, the court may order them to complete substance abuse education programs. The court may temporarily change custody to the other parent until the affected parent proves that their alcohol or drug issues are under control. 

If the parent with the DUI conviction is the non-custodial parent, the court may order that visits be supervised until the condition improves. If the parent doesn’t make progress, the court may limit or suspend the parent’s visitation rights. 

For either custodial or non-custodial parents, the court may terminate parental rights. However, this is rare and typically should not happen unless the DUI is part of a larger pattern of serious abuse or neglect that continuously puts the child at risk.

Adoption and Foster Care

When a person wants to adopt or foster a child, the coordinating agency must consider the applicant’s criminal history. A single DUI conviction may not be a complete bar, as agencies also consider factors such as the time passed since the conviction and any efforts at rehabilitation. However, a pattern of DUI arrests or a DUI arrest that placed a child in danger will almost certainly lead to a rejection.

Driving Issues Caused by a DUI Conviction

Unsurprisingly, a DUI conviction can make driving difficult. Even if the sentence doesn’t require the suspension of your license, there may be other complications. For example, many rental car companies won’t rent to people who’ve had DUI convictions in the past three to five years. Those that do rent may charge higher rates, demand deposits, or require additional insurance coverage. 

Employment Issues Caused by a DUI Conviction

Generally, California law makes it difficult for employers to directly use convictions against job applicants. Nevertheless, many apprenticeship and vocational programs receive state and federal funds. These funds may require the recipients to exclude applicants with certain convictions, including DUIs. 

Industries such as real estate, law, medicine, and education require licensure. People who work in these professions must report any conviction to the appropriate board. If the board finds that the DUI was substantially related to the person’s work, they may revoke their license. Without a license, the person can no longer work in that profession. 

A DUI can be particularly damaging for people who drive for a living. Rideshare companies like Uber and Lyft typically disqualify drivers who’ve had DUIs in the past seven years. Companies like Amazon, DoorDash, and Instacart have similar policies. 

Commercial vehicle drivers work under special rules. Under both state and federal law, a DUI conviction disqualifies a person from holding a commercial driver’s license (CDL) for at least one year. Multiple convictions can lead to a lifetime ban. 

In addition to these concerns, a DUI conviction can make it more difficult for a person to: 

• Get or keep their security clearance, 
• Become bonded or insured, 
• Get professional liability insurance,
• Serve on a nonprofit board, or 
• Run for public office. 

Bottom line: A DUI can create serious employment issues. 

Immigration Issues Caused by DUI Convictions

DUIs raise many immigration issues. Unfortunately, the rules and outcomes are far from straightforward. Generally, a single DUI without bodily injury is not a deportable offense. However, multiple DUIs can trigger deportation. Also, immigration law typically considers a DUI with injury a crime of moral turpitude, thus making the person eligible for deportation. 

However, people with special immigration statuses may be subject to even more scrutiny. People protected under the Deferred Action for Childhood Arrivals Act (DACA), those with Temporary Protected Status (TPS), and people awaiting Adjustment of Status & Naturalization decisions may face deportation for even minor DUI infractions. 

Today’s immigration laws are constantly in flux. Talk to your Marin County criminal defense attorney immediately if you think your DUI might affect your immigration status.

Get Legal Help with Issues Caused by Your DUI Arrest or Conviction

A DUI conviction can affect multiple areas of your life. Your family, finances, mobility, and many more aspects of daily life could suffer. However, you don’t have to handle things alone. A  Marin County criminal defense attorney can help you protect your driving privileges and professional licenses. They can also refer you to treatment programs and other facilities that will help you demonstrate rehabilitation. 

If you need help dealing with the collateral consequences of your DUI conviction, contact Brownstein Law Group. Our team has extensive experience with DUI cases. We approach every case with passion and purpose. Call us today at 415-795-9059 or use our online form to schedule an appointment.