Los Angeles DUI and the Dream Act Attorney

For individuals in Los Angeles who benefit from the Deferred Action for Childhood Arrivals (DACA) program, facing a DUI charge presents a unique set of challenges that extend beyond the typical legal ramifications. The intersection of California's stringent DUI laws and the specific requirements of DACA can create significant anxiety and uncertainty for Dreamers. This page aims to provide a comprehensive understanding of this complex area, offering insights into the potential consequences and available legal strategies. If you need legal guidance on the requirements of the Dream Act, do not hesitate to get in touch with a skilled DUI defense attorney in Los Angeles.

The DACA program, established in 2012, offers a reprieve from deportation and work authorization to eligible individuals who arrived in the United States as children. While DACA provides crucial protections, it is not a pathway to permanent residency or citizenship. Maintaining DACA status requires ongoing adherence to specific criteria, including demonstrating "good moral character." This seemingly straightforward requirement carries significant weight, and certain criminal offenses can jeopardize an individual's eligibility for initial application or renewal.

The United States Citizenship and Immigration Services (USCIS) has specific guidelines regarding what constitutes a lack of good moral character. While not every minor infraction will lead to DACA revocation or denial, certain categories of offenses are particularly problematic. These include felonies, "significant misdemeanors," and multiple misdemeanor convictions. A single DUI conviction, regardless of the specific circumstances or sentence imposed under California law, is often classified by USCIS as a "significant misdemeanor."

The designation of a DUI as a "significant misdemeanor" within the DACA framework stems from USCIS's interpretation of the policy. A "significant misdemeanor" is generally defined as a misdemeanor offense punishable by a maximum term of imprisonment of more than 30 days but not more than one year or a misdemeanor offense that involves violence, threats, or the use of a deadly weapon. While a standard misdemeanor DUI in California may not always result in a jail sentence exceeding 30 days for a first-time offender, USCIS considers the nature of the offense—driving under the influence of alcohol or drugs, which inherently poses a risk to public safety—as indicative of a lack of good moral character.

This classification means that even a first-time DUI conviction, without any aggravating factors, can lead to the denial of an initial DACA application or the revocation of existing DACA status. The potential consequences are severe, underscoring the critical need for proactive and experienced legal representation for any DACA recipient or applicant facing a DUI charge in Los Angeles.

California law prohibits driving a vehicle while under the influence of alcohol (Vehicle Code Section 23152(a)) or with a blood alcohol concentration (BAC) of 0.08% or higher (Vehicle Code Section 23152(b)). These are the most common misdemeanor DUI charges in Los Angeles. However, if a DUI incident results in injury to another person, the charge can escalate to a felony under Vehicle Code Section 23153.

The penalties for a misdemeanor DUI in Los Angeles can include:

• Jail Time: For a first offense, the potential jail sentence can be up to six months in county jail. Subsequent offenses carry increasingly severe jail terms.
• Fines: Fines can range from several hundred to thousands of dollars, often with significant penalty assessments added.
• DUI School: Mandatory alcohol education programs, varying in length from three to nine months depending on the BAC level and prior offenses.
• Driver's License Suspension: The California Department of Motor Vehicles (DMV) can suspend a driver's license following a DUI arrest or conviction, often for a period ranging from several months to multiple years.
• Ignition Interlock Device (IID): For repeat offenders and in certain first-time DUI cases with high BAC levels, an IID may be required, preventing the vehicle from starting if alcohol is detected on the driver's breath.
• Probation: Typically lasting three to five years, probation involves various conditions, such as abstaining from alcohol and drugs, submitting to drug testing, and attending AA meetings.

Felony DUI convictions under Vehicle Code Section 23153 carry significantly harsher penalties, including state prison time, substantial fines, and a longer driver's license suspension. The presence of aggravating factors, such as a very high BAC, speeding, or having a minor in the vehicle, can also lead to enhanced penalties in both misdemeanor and felony DUI cases.

Several California Penal Code sections are instrumental in defending against DUI charges, particularly when immigration consequences are a concern.

California Penal Code Section 1538.5: Motion to Suppress Evidence

This section is a cornerstone of DUI defense. It allows a defense attorney to challenge the legality of a traffic stop, search, or seizure of evidence. If law enforcement violated the defendant's Fourth Amendment rights (protection against unreasonable searches and seizures), a motion to suppress evidence can be filed. Common grounds for such a motion in DUI cases include:

• Lack of Reasonable Suspicion for the Stop: The officer must have a legitimate reason to believe a traffic violation occurred or that the driver was involved in criminal activity. A stop based on a hunch or without articulable facts can be deemed illegal.
• Prolonged Detention Without Probable Cause: Even if the initial stop was lawful, the detention of the driver cannot be unreasonably prolonged without probable cause to believe a DUI offense has occurred.
• Illegal Search or Seizure: This can involve the administration of field sobriety tests, preliminary alcohol screening (PAS) devices, or the taking of breath or blood samples without proper consent, a warrant, or probable cause under specific exceptions.

If a judge grants a motion to suppress critical evidence, such as breath or blood test results, the prosecution's case can be significantly weakened, potentially leading to reduced charges or a dismissal. For a DACA recipient, avoiding a DUI conviction altogether is the most favorable outcome.

California Penal Code Section 1203.4: Expungement of Criminal Records

While an expungement under Penal Code Section 1203.4 can provide significant benefits for employment and other purposes, its impact on immigration matters, including DACA, is limited. This section allows individuals who have completed probation to petition the court to withdraw their plea of guilty or no contest and enter a plea of not guilty. If the court grants the petition, the conviction is dismissed from the individual's record.

However, federal immigration law generally does not recognize state expungements as eliminating a conviction for immigration purposes. USCIS retains the authority to consider expunged convictions when evaluating an individual's good moral character. Nevertheless, obtaining an expungement can still be beneficial for a DACA recipient as it demonstrates rehabilitation and compliance with the court's orders, which may be viewed favorably by USCIS during a renewal process.

In DUI trials, juries are provided with specific instructions to guide their deliberations. These instructions, found in CALCRIM, outline the elements of the crime that the prosecution must prove beyond a reasonable doubt.

CALCRIM No. 2100 Driving Under the Influence. This instruction covers the general DUI offense under Vehicle Code Section 23152(a). It states that the prosecution must prove the following elements:

• The defendant drove a vehicle.
• While driving, the defendant was under the influence of an alcoholic beverage, a drug, or the combined influence of an alcoholic beverage and a drug.
• As a result of being under the influence, the defendant's mental or physical abilities were so impaired that they could no longer drive a vehicle with the caution characteristic of a sober person using ordinary care under similar circumstances.

This instruction emphasizes that the prosecution does not need to prove the defendant was completely intoxicated, only that their ability to drive was impaired to a noticeable degree.

CALCRIM No. 2111 Driving With a Blood Alcohol Percentage of 0.08 or More. This instruction pertains to the "per se" DUI offense under Vehicle Code Section 23152(b). The prosecution must prove:

• The defendant drove a vehicle.
• At the time of driving, the defendant had a blood alcohol percentage of 0.08 or more.

For this charge, the focus is solely on the defendant's BAC at the time of driving, regardless of whether their driving was impaired. The instruction also addresses the concept of "rising blood alcohol," explaining that even if the BAC was below 0.08% while driving but reached that level shortly thereafter due to the body's absorption of alcohol, the jury can consider that evidence.

CALCRIM No. 2110 Driving Under the Influence Causing Injury. When a DUI results in injury, the charge becomes more serious under Vehicle Code Section 23153. CALCRIM No. 2110 outlines the elements for this offense:

• The defendant drove a vehicle.
• While driving, the defendant was under the influence of an alcoholic beverage, a drug, or the combined influence of an alcoholic beverage and a drug.
• As a result of being under the influence, the defendant committed an illegal act or neglected to perform a legal duty.
• The defendant's illegal act or failure to perform a legal duty caused bodily injury to another person.

The "illegal act or failure to perform a legal duty" often refers to a traffic violation, such as speeding or running a red light. This instruction highlights the increased severity of a DUI when injuries are involved, which can have even more significant consequences for DACA recipients.

Understanding the potential sentencing components for a DUI in Los Angeles is crucial for DACA recipients, as even seemingly minor penalties can trigger adverse immigration consequences.

• Jail Time: Even a short jail sentence resulting from a DUI conviction can be viewed negatively by USCIS when assessing good moral character. While a first-time misdemeanor DUI may not always result in jail time, it remains a possibility, especially with aggravating factors.
• Fines and Fees: While financial penalties themselves may not directly impact DACA eligibility, the underlying conviction that led to the fines is the primary concern.
• DUI School and Probation: Completing court-ordered programs like DUI school and complying with probation terms can demonstrate rehabilitation, which might be considered favorably by USCIS during a DACA renewal. However, failure to comply with these conditions could negatively impact their assessment of good moral character.
• Driver's License Suspension: A driver's license suspension, while a significant inconvenience, does not directly impact DACA status. However, driving with a suspended license is a separate offense that could have immigration consequences.
• Alternative Sentencing and Diversion Programs: In some cases, particularly for first-time offenders with no aggravating factors, alternative sentencing options or diversion programs might be available. These could include community service, electronic monitoring, or participation in a treatment program of jail time. Completing such programs might be viewed more favorably by USCIS than a traditional conviction and jail sentence.

Given the high stakes for DACA recipients facing DUI charges, a proactive and strategic defense is essential. This involves exploring all available legal options to minimize the potential immigration consequences.

Challenging the Stop and Evidence: As discussed earlier, a motion to suppress evidence under Penal Code Section 1538.5 can be a powerful tool if there are grounds to believe the traffic stop or the collection of evidence was unlawful.

Negotiating for a Lesser Charge: An experienced DUI attorney may be able to negotiate with the prosecutor for a plea agreement to a lesser offense that may not be classified as a "significant misdemeanor" by USCIS. Examples include:

• Wet Reckless (Vehicle Code Section 23103/23103.5): While still alcohol-related, a wet reckless conviction may be viewed differently by USCIS than a DUI.
• Dry Reckless (Vehicle Code Section 23103): This offense involves reckless driving without alcohol and generally has less severe immigration consequences than a DUI.
• Exhibition of Speed (Vehicle Code Section 23109(c)): This is a minor infraction that typically does not have significant immigration implications.

It is crucial to understand that USCIS ultimately makes the determination regarding good moral character, and there are no guarantees that a plea to a lesser offense will completely eliminate immigration concerns. However, it can significantly reduce the risk compared to a DUI conviction.

Focusing on Mitigating Circumstances: Presenting mitigating factors to the prosecutor and the court can be beneficial during plea negotiations and sentencing. These factors might include a clean prior record, the circumstances of the offense, and evidence of remorse and rehabilitation.

Considering Diversion Programs: If eligible, participating in and completing a diversion program can potentially lead to the dismissal of the DUI charges, which would be the most favorable outcome for a DACA recipient.

Navigating the complexities of a DUI charge when you are a DACA recipient or applicant requires the guidance of an attorney who understands both California criminal law and the intricacies of immigration law. Such an attorney can:

• Thoroughly analyze the facts of your case to identify potential legal defenses.
• Advise you on the potential immigration consequences of different legal outcomes.
• Negotiate effectively with the prosecutor to seek the best possible resolution.
• Represent you vigorously in court if your case goes to trial. Coordinated with immigration counsel to develop a comprehensive legal strategy.

Facing a DUI charge is a serious matter for anyone, but for Dreamers in Los Angeles, the stakes are particularly high. Seeking experienced legal representation as soon as possible is crucial to protecting your rights, your record, and your future in the United States.

For individuals who have a prior DUI conviction and are concerned about its impact on their DACA status, post-conviction relief options may be available in limited circumstances. While an expungement under Penal Code Section 1203.4 has a limited effect on immigration matters, other options, such as a motion to vacate a conviction due to legal errors or ineffective assistance of counsel, might be available depending on the specific facts of the case. Consulting with an experienced attorney to explore these options is recommended.

The protections offered by DACA are invaluable to many young immigrants in Los Angeles. A DUI arrest can jeopardize these protections and create significant uncertainty about the future. If you or a loved one is a DACA recipient or applicant facing a DUI charge, it is imperative to seek legal counsel at Kraut Law Group Criminal & DUI Lawyers, Inc. A knowledgeable and dedicated DUI defense attorney can provide the guidance and representation needed to navigate this challenging situation and work toward the best possible outcome. Contact our office today for a free and confidential consultation to discuss your case and explore your legal options.