Los Angeles DUI and Realtors

Los Angeles DUI Attorney

realtor license suspensionThere are a number of professions for which a conviction for driving under the influence can carry serious collateral consequences in terms of licensing. One class of professionals who can face disciplinary action as a result of a DUI conviction is realtors, who are required to be fully licensed by the Department of Real Estate (“DRE”). Those who are convicted of DUI offenses can face disciplinary action, which can ultimately include suspension or revocation of one’s license.

Under California Business and Professions Code Section 490 BPC, the DRE can suspend or revoke the realtor’s license of any licensee who is convicted of a criminal offense that is substantially related to the function, duties or qualifications of his or her job. In addition, a licensee is required to self-report criminal convictions under California Business and Professions Code Section 10186.2 BPC. This would include misdemeanor convictions for driving under the influence of drugs or alcohol under California Vehicle Code Section 23152(a) VC or California Vehicle Code Section 23152(b) VC. Failure to self-report is considered independent grounds for discipline under the California Business and Professions Code.

The DRE may decide to take action once a defendant has been convicted of a criminal offense that is deemed to be substantially related to the licensee’s underlying job functions. While a conviction for DUI may not trigger discipline on a first time offense, there may be circumstances where a realtor is subject to discipline from the DRE. This may be the case if the defendant is convicted of multiple DUI offenses or is otherwise shown to have a problem with drug or alcohol addiction. In these cases, the DRE could suspend or revoke a realtor’s license.

A realtor who has been charged with DUI would also have to deal with a wide range of consequences resulting from the conviction. A defendant convicted of DUI can be subject to a variety of criminal penalties, including jail time, a mandatory drug and alcohol education class, community service or labor, the Hospital and Morgue Program or MADD Victim Impact Panel and court fines and fees, which can be costly. If there was a collision, the defendant would be responsible for paying restitution to the victim for any damages caused.

A court conviction for DUI will also trigger a driver’s license suspension for a minimum of five months. In Los Angeles County, the defendant would be required to have an Ignition Interlock Device (“IID”) installed into his or her vehicle that would require the driver to provide an alcohol-free breath sample into the device before the automobile can be started. The IID requirement can be particularly difficult for realtors who are required to drive clients around as part of their jobs.

In addition to the penalties assessed by court, a DUI incident can trigger a variety of other collateral consequences. Upon being arrested for a DUI incident, the driver will be provided a notice of impending driver’s license suspension. This administrative suspension will automatically become effective unless the driver (or their attorney) requests a formal hearing within ten days of the arrest. The suspension would last four months for a driver’s first time DUI offense, however the driver would be eligible for a restricted license after serving a 30 day hard suspension. The restricted license would allow the driver to travel to and from work and his or her alcohol education class. If the driver refused to provide a breath or blood sample for chemical testing, his or her driving privileges would be suspended for a full year during which there would be no eligibility for a restricted license.

If you are a licensed realtor or plan on following this career path and have been arrested for DUI, it is very important that you speak with an experienced Los Angeles DUI Lawyer right away. Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly respected for his understanding of the DUI laws. Mr. Kraut has extensive experience in defending professionals who have been charged with DUI and works hard to ensure their rights are protected throughout all stages of the DUI process.

For more information about Los Angeles DUI and Realtors, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.