Los Angeles DUI and Teachers

Los Angeles DUI Attorney

Los Angeles DUI and TeachersFor professionals who must maintain state licenses and undergo background checks, a conviction for a DUI offense may carry disastrous consequences and could lead to loss of credentials. For those involved in the teaching profession, the California Commission on Teacher Credentialing (“CTC”) requires that any conviction for DUI be reported. Under the California Education Code, the CTC is charged with evaluating and imposing discipline in response to incidents of educator misconduct.

A teacher is required to report any conviction whenever he or she renews or applies for a teaching credential. The CTC will be made aware of any arrest when the arrestee’s fingerprints are entered into the state LiveScan database.

Anytime an educator self-reports a DUI conviction, the CTC will review the circumstances to see whether or not there is a connection between the criminal conviction and the educator’s job function. For most first-time DUI convictions, no correlation will be found. However if the educator’s BAC was unusually high (.15 or higher) or if there was a collision involved, the CTC may ultimately take action. This would also be the case if the educator was arrested for a DUI incident during school hours or at a school function or was driving a school vehicle at the time. In these cases, the CTC may take decisive action against the educator’s teaching credentials.

For teachers who are convicted of second or subsequent DUI offenses, the CTC can revoke or suspend teaching credentials or deny a prospective teacher’s application. Multiple DUI offenses can be used to show that the educator is addicted to alcohol which would provide grounds for discipline. This may include revocation of teaching credentials.

Even if a teacher’s previous DUI conviction has been expunged via a California Penal Code Section 1203.4 PC motion, the prior conviction can still be considered by the CTC when determining whether or not to discipline an educator. However, the CTC may view a successful 1203.4 motion as evidence of an educator’s reform and consider this to be a mitigating factor. In addition, the CTC will review the severity (or lack thereof) of the offense, the relation of the offense to teaching, whether or not this has been a recurring problem, whether the teacher has complied with court orders and whether or not the teacher has taken steps towards rehabilitation. It is the educator’s burden to show evidence of rehabilitation. Actions such as completion of community service or other volunteer work may be viewed favorably by the CTC.

A DUI conviction would become part of a teacher’s criminal record and would be visible to any current or future employers conducting criminal background searches. Teaching candidates with DUI convictions may have difficulty in securing positions for which they are otherwise qualified.

In addition to potential consequences against an educator’s teaching credentials, a DUI incident can carry criminal penalties imposed by the court and administrative penalties assessed by the Department of Motor Vehicles. If convicted criminally, the defendant could be placed on probation for a period of three to five years. As conditions of probation, someone convicted of driving under the influence may be sentenced to jail, a mandatory alcohol education class, community service or community labor, expensive court fines and any other conditions of probation that a judge chooses to impose. If the defendant was involved in a collision, he or she would be responsible for repaying the victim for any damages incurred.

In addition, the driver arrested for driving under the influence would be subject to a minimum four-month driver’s license suspension on a first-time offense. The driver would be eligible for a restricted license after a 30 day hard suspension unless the driver refused to submit to chemical testing. If there was a refusal, the driver would lose his or her license for a year and would be unable to obtain a restricted license during this period.

If you or someone you know are a teacher or are applying for teaching credentials, it is crucial that you speak with a Los Angeles DUI Lawyer immediately. Los Angeles DUI Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who works hard on behalf of his professional clients and can often help them avoid professional consequences.

For more information about Los Angeles DUI and teachers, and to schedule your free consultation, contact Los Angeles Criminal Defense Lawyer 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
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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.