top ten tips: easing the consequences of a dui

1. 6. Court Probation
2. 7. Jail Alternatives
3. 8. Effects of a DUI on Various Jobs & Careers
4. 9. Fix Trigger Problems
5. 10. Expunge a Napa DUI

Read Your Sentencing Order and Stay Out of Trouble!

Your Napa County DUI lawyer should inform you that there are multiple obligations imposed at sentencing in Napa County, such as fines, DUI classes, jail, etc. Although the court and even your Napa DUI lawyer may detail the consequences of a DUI sentence prior, during and subsequent to a sentencing, nevertheless you are best served by reading your Napa County Superior Court papers immediately, asking questions, and confirming your understandings.

Inadvertent errors do happen, therefore your own independent understanding and diligence is critical to preventing confusion, mistakes or omissions, and possibly serious consequences. This is one of the most important reasons to have a Napa DUI attorney helping you, so that you fully understand the tasks and conditions which were imposed on you, and the consequences and benefits of unsuccessful or successful completion of probation.

In Napa County, at the time of sentencing, you or your Napa DUI lawyer will receive a copy of the "Probation Order" and accompanying "Minute Order" from the court showing every item recorded by the Napa courtroom clerk, including the court's specific sentencing orders (usually these are part of the court's probation order) regarding jail alternatives, fines, drinking driver DUI Program, dates, durations, even special orders for multiple offenders such as staying out of bars and abstaining from alcohol possession/use, waiver of search and seizure rights, and installation of an ignition interlock device, etc.

Any such orders typically last the entire term of probation unless otherwise stated in the orders. A good Napa County DUI lawyer will advise you to permanently keep the original orders (pictured here) with your important papers. Click here to see a typical Napa DUI First Offense Probation Order, or older 2014 example, or older 2008 example, and click here for a typical Napa First DUI with high alcohol levels, or older 2014 example, and click here for a typical Napa DUI Reduced to a Wet Reckless, or older 2014 example.

For other North Bay counties, click here for a Sonoma First DUI Minutes/Sentencing Order, or here for a typical probation order for a first Sonoma DUI Reduced To Wet Reckless, or here to see a typical first Marin DUI probation order, or here to see a typical first Mendocino DUI probation order.

The Conditional Sentence

Most Napa County DUI convictions result in what we call "informal" court probation (also called a "conditional sentence") described above, which does not require monthly reports or any restriction on your travel as would have been expected in a formal probation case. Simply put, your Napa County DUI lawyer should explain to you that your DUI resolution in court is conditioned upon you satisfying all affirmative obligations, and having no adverse police contact during this period or else you will risk further punishment in this case (in addition to any punishment in the new case, of course).

The standard informal probation period in Napa County is three to five years for a typical first or second DUI. Note that Napa is unique among Northbay counties in ordering formal probation sentences (requiring monitoring by the probation department) in many aggravated DUI cases such as multiple offenses, high alcohol levels, collisions, etc.

Typical Court Probation Terms

Jail (or jail alternatives), fines, and DUI program enrollment and completion, are a key part of this informal probation, and failure to follow through on these obligations will likely result in a new charge of violating probation (including warrants, new Napa court appearances, and complications expunging this case later).

In addition to these sentencing requirements, your Napa DUI attorney will explain that Napa County court probation typically includes a catch-all condition of sentence that you be of good conduct and obey all laws, do not drive unless validly licensed and insured, and do not drive with any measurable alcohol in your body (as compared to before a DUI conviction when you could theoretically have up to .08% alcohol in your body when driving). The best Napa DUI attorneys are familiar with the relatively new penalty provisions regarding driving with measurable alcohol, discussed below. In addition, informal probationers with aggravated facts alleged may be required to waive search and seizure rights during this period and agree to submit to chemical testing pursuant to a lawful order by a Napa County peace officer; these waivers and agreements typically will not become relevant unless there is adverse police contact. 

Normally all of these and other probation conditions will be included on your Napa County court probation order (click on the examples, above). If your case included a relatively high blood alcohol concentration (over .15%) or this is your second or higher DUI, then you may be subject to further conditions, such as refraining from alcohol possession and use, and staying out of places where alcohol is the primary item for sale, etc. Click here to see a typical Napa Second DUI Probation Order, or older 2014 example, or older 2010 example, and click here to see a typical Napa Second DUI with Aggravating Factors, or older 2014 example.

The best Napa DUI lawyers should be able to explain that counties vary in sentencing practices. For a comparison of the above sentencing approaches in Napa County with other North Bay Counties, click here to see a typical Sonoma Second DUI Probation Order, or here for a typical Sonoma Second DUI with Aggravating Factors, and here for a typical Mendocino Second DUI Probation Order.

Third DUI sentencing and probation terms vary widely depending on individual circumstances. Such convictions typically include a designation as a Habitual Traffic Offender pursuant to Penal Code 193.7 and Vehicle Code 14601.3. Convictions involving drug use or possession often include probation terms requiring periodic random drug testing in addition to the terms described above.

Looking Up the Law

Understand that probation orders and sentencing components are highly discretionary with the judge in any criminal matter, and are normally tailored to specific aggravating and mitigating factors in each unique case. If you wish to see applicable laws containing the range of Napa DUI sentencing options and consequences, you may ask a Napa DUI attorney, or click on Resources on this site and then under "Self Help" click on the California Vehicle Code. Most of the Napa County Superior Court's mandatory and discretionary DUI sentencing components are contained in California Vehicle Code Sections 23536-23552, 23554-23568, 23572, 23575-23582, 23592-23596, 23598, and 23600-23602.

The general probation requirements for a first offense DUI are contained in Vehicle Code Section 23538, including jail sentencing, fines, and DUI program classes. Second DUI offense conditions are contained in section 23542, and third offense conditions are contained in section 23548.

The best Napa DUI lawyers will explain that sentencing enhancements, relating to certain aggravating factual allegations related to the DUI incident, are contained in later vehicle code sections, such as the "minor passenger enhancement" (23572(a), mandating an additional 2-30 days jail, depending on the number of prior DUI convictions) when a minor passenger under the age of 14 years old was in the vehicle; the ".15 enhancement" (23578, allowing extra jail, possible longer six-month DUI program classes, possible ignition interlock device per 23575(a)(1)) when the driver refused a chemical test or his/her blood alcohol concentration was .15% or higher; the ".20 enhancement" (23538(b)(2), allowing extra jail and mandating the longer nine-month DUI program classes) when the driver refused a chemical test or his/her blood alcohol concentration was .20% or higher; and the "speeding enhancement" (23582, mandating an additional 60 days jail) when the driver drove recklessly and 30 mph over the posted speed limit on a freeway, or 20 mph on other roads. An important reason to hire a local Napa County DUI lawyer is to enlist valuable practical experience and guidance in order to negotiate away the most burdensome of these added penalties.

Vehicle impoundment penalties are discussed in section 23592. DMV suspensions related to DUIs are described in Vehicle Code sections 13352-13353. Napa DUI attorneys also see additional penalties imposed as a result of other allegations commonly associated with DUIs, some of which may be found in Vehicle Code sections 2800.1 (evading the police), 20002 (hit and run), and 23153 (DUI with injuries).

Don't Drive With Any Alcohol In Your Body

Good Napa DUI lawyers will tell you that it is absolutely critical that you refrain from driving with any alcohol in your system at all during your probationary period. Beginning January 1, 2009, it is unlawful in California for a person who is on probation for a DUI (not wet reckless) to operate a motor vehicle at any time with a blood-alcohol concentration of .01 or greater as shown on any preliminary breath machine or actual breath or blood test. If you are found guilty of this act in Napa County then your driver license likely will be suspended for a minimum one year (refusals would be even longer) with no possibility of a restricted work license. (CVC 13389, 23154, 13353.1, 13353.2, 13353.3). Click here to see an example of such a DMV Probation Violation Suspension Order.

Juvenile Offenders

If you are under age 18, special Napa County Juvenile Court proceedings may apply to you with significantly greater involvement by the Juvenile probation department.

Although juvenile criminal records may be sealed at age 18 (ask a Napa DUI lawyer about sealing juvenile records), DMV records will continue to show juvenile DUI suspensions (typically one-year suspensions) for at least 10 years following an incident. The following link is an example of a 22 year old man's DMV driving record showing one juvenile alcohol suspension with .03% alcohol (age 16), one minor DUI with .08/.07% alcohol (age 20), two suspended license cases, and one adult DUI with .11/.12% alcohol (age 22): Juvenile DMV Record.

Accessing Old Sentencing Orders

If your case resolved in the past and you lost or never received a copy of your probation orders from your Napa DUI lawyer, and you wish to review precisely what was ordered by the court, you may appear at the Napa County criminal clerk's office at the main courthouse in Napa and ask for a copy of the entire "docket" or court history. There is a nominal fee per page, but this is a valuable recorded history of everything that actually transpired in your Napa County court case and can often refresh recollections and clear up misunderstandings of precise resolutions, probation durations, time served, etc...

Most people consider staying out of jail to be the highest priority, second perhaps only to wanting a complete dismissal of charges or preserving driving privileges. While it is true that most misdemeanors in California carry a risk of up to six months in jail, nevertheless Napa County typically sentences two days of jail for a standard first DUI. Even two days is not required by law, and sometimes a local Napa DUI lawyer can avoid such a sentence. Your attorney should discuss your specific exposure with you so that you understand the realistic gravity of your case.

The best Napa DUI lawyers will tell you that If your arrest occurred during probation on a prior DUI (see the "Court Probation" discussion in Tip #6 above), then you may be at risk for an additional 10-30 days of jail in that case at the time of sentencing on the new matter. If your blood alcohol was relatively high (over .15%) or you refused to provide a sample of your breath or blood at the time of arrest, or other aggravating factors or charges are present in your case, then you may be at risk for an additional 2-5 days of jail or more in any subsequent Napa County court sentencing. (CVC 23578). An allegation of speeding 20 to 30 mph over the limit (depending on what kind of street) coupled with an allegation of reckless driving while over .08 (or .01 if under age 21) exposes you to an additional 60 days county jail. (CVC 23582). DUI's with a minor passenger (under age 14) adds at least 2 days jail and up to ninety! (CVC 23572). A typical Napa County case with a higher alcohol level, an accident and uninjured youngsters in the vehicle may result in 10 additional days.

Your Napa DUI lawyer should argue any compelling situations and any legal weaknesses in the Napa County prosecutor's case to bargain down the total number of jail days demanded by the District Attorney. If you were not released immediately after arrest and therefore you spent time in the Napa County (or other local) jail, then tell your Napa DUI attorney how long, and we may be able to obtain credits against any subsequent Napa County jail sentence

If this is your second or higher DUI and you are ready to acknowledge a significant alcohol problem in your life, then jail alternatives or residential treatment (see "Self-Help" resources on the Resources page of this site) may be advisable, not only for confronting abuse or addiction, but also a tool for your Napa County DUI attorney to try to shorten any jail sentence.

"Volunteer" Work

CCC Program. Most counties, including Napa, offer "Work Release" or sheriff's alternative work program ("SWAP") which is a jail alternative where you perform designated community service with the county under the supervision of the Sheriff's department, instead of going to jail, avoiding actual incarceration behind bars. Certain allowances may be made with proof of legitimate physical limitations. Typically this is the most flexible, least intrusive jail alternative available. Napa County usually requires that defendants report to the jail to obtain an application after sentencing (your Napa DUI lawyer should help you to complete all of this with you) or else you will lose the opportunity to perform community service rather than turning yourself in to jail for actual incarceration. Review this CCC Questionnaire so you will be prepared when handed the actual forms. Click here for Napa County’s jail alternatives and CCC work program details: Work Program. This program is available in most cases with jail sentences of less than 30-60 days.

Typically, in order to obtain the Work Alternative to jail, defendants pick up and turn the application at the Department of Corrections office located right next to the Criminal Courthouse in downtown Napa.

Show & Release: Good Napa DUI lawyers should tell you that if you are sentenced to a term of jail and you have just four days or less to serve (sometimes up to ten days or more), then upon turning in the above CCC questionnaire to the Department of Corrections (see map below), you will likely receive a call to come in for an appointment with a Napa County Deputy "Classification Specialist" who will speak with you for ten to fifteen minutes, and then hand you a Napa Remand Change Order essentially deeming your sentence completed following that short meeting, due to jail overcrowding and the manner in which jail credits are currently calculated. Napa DUI attorneys who understand this process can give their DUI clients the comfort of knowing they will not be taken into actual custody in most such cases.

Court Work Program. Typically, your Napa DUI attorney will tell you that if you have been directed to complete the separate "Court Work Program" as part of a court-ordered sentence, you must first appear at the Post Court Services Division of the Napa Superior Court, 1111 Third Street, 1st Floor, (707) 299-1181, to complete the referral paperwork. You will be given a list of locations where the work can be performed as well as a compliance date and an hours sheet. Failure to appear at Post Court Services, the assigned agency or failure to complete the time ordered could result in a warrant for your arrest.

Home Electronic Confinement, Work Furlough and Other Alternatives

The best Napa DUI lawyers should be able to explain to you that even if this is your second or higher DUI, or this is your first DUI but additional aggravating factors are present which might make the above jail alternatives unavailable or impractical, it may be advantageous to try to negotiate other alternatives to incarceration.

In contrast to other counties, Napa County typically does not allow arrangement for the home confinement ankle bracelet (electronic monitoring) alternative to actual incarceration at the time of sentencing unless extreme medical conditions can be shown. This jail alternative does exist, but the program is only available following initial incarceration and after a thorough and detailed application procedure, usually after a predetermined period of actual custody.

However, work furlough (jail at night) and weekends are often available which both allow you to go to work, preserving jobs and family income. The addition of a secure continuous remote alcohol monitor ("SCRAM") device to any sentencing scheme may convince a judge in a particular case to allow such alternatives to jail even in relatively bad cases.

It is critical to discuss alternatives with your local Napa County DUI lawyer well before sentencing to ensure that proper negotiating and arrangements are accomplished to maximize your ability to take advantage of available alternatives to incarceration.

Legal Standard. Generally, the California Business and Professions Code requires that before any professional license is denied, suspended or revoked for a conviction, the conduct in question must be shown to be substantially related to the qualifications, functions or duties of the profession. (B&P 480, 490). Each licensing agency develops its own guides and regulations vary widely from agency to agency. You should discuss your specific case with a Napa attorney.

Practical Considerations. Napa County DUI lawyers know that most professional and consumer licensing boards (such as the Contractors State License Board, the Department of Health, the Medical Board, the Bar Association, etc.) typically will not take disciplinary action for a single Napa County DUI. Rather they are more concerned if one or more DUIs indicate that a licensee has a substance abuse problem. Where one DUI might not cause discipline, two or more DUIs may very well indicate abuse or addiction, or poor common sense and professional judgment. (Grifiths, 96 CA4 757).

Disclosure & Remedial Measures. Experienced Napa DUI attorneys will tell you that in most cases the best practice is full and timely disclosure if required (see discussion below about how to find your record and what do employers know), and if applicable a willingness to address substance abuse issues in your life. It is imperative that you protect your career by prompt inquiry into applicable rules, and by avoiding a subsequent Napa County DUI incident or violation of probation in Napa Superior Court. In addition, certain rehabilitation may save a career. Factors such as the passage of time, successful completion of Napa County probation, remorse, change in attitude, expungement, alcohol or drug rehabilitation, completion of formal education, stability of family life, and community involvement can have significant impact on a licensing board decision to soften or reverse discipline. (B&P 480, 10 CCR 2911, Arneson, 28 Cal.3d 440.)

Note that a conviction for nearly any infraction is not a lawful basis to suspend or deny a professional license. (PEN 19.8, CVC 13202.5.) If your Napa County DUI lawyer is successful in causing your matter to be dismissed, or reduced to an infraction, risk to a professionally licensed career may be substantially minimized.

Click on these links for samples of laws and regulations governing professional conduct and disciplinary approaches for various professions:

Accountants (CPAs), and see B&P Section 5063 Reporting Requirements, and Reporting Form

Attorneys, and see discipline appeal case, In re Kelly (two DUIs in 2-1/2 years plus probation violation, public reproval, three years disciplinary probation), and State Bar v Guillory (DUI prosecutor with three DUIs in four years, suspended minimum two years upon approval of CA Supreme Court), and see also In re Reichle, and In re Hardin, and see generally, Reporting Form.

Brokers, Financial Advisors, and FINRA U4 and other Reporting Forms

Chiropractors, and see also 16 CCR § 317

Contractors, and Reporting Form

DMV Occupational Licenses (Salespersons, Dealers, Driving Schools)

See discipline appeal case, Watson v. Medical Board (four DUIs in five years, license revoked, but stayed subject to probation for five years, with 30 days' actual suspension, discipline upheld on appeal), and see Medical Board Puts Napa Doctor on Probation (first offense DUI on night doctor was on call, traffic stop for speeding/weaving, see Board Decision: four years medical license probation, ethics course, therapy, no alcohol use, random drug/alcohol testing).

Insurance Brokers, and Reporting Requirements

Military (and see further discussion or Military Recruits and Military Service, below)

Nurses, and see discipline appeal case, Sulla v. Board of Nursing (single DUI, solo collision, 0.16% BAC, license revoked, but stayed subject to three years of probation, discipline upheld on appeal), but see Sample Citation and Fine only (for single DUI, 0.22% BAC), and see generally, Disciplinary Guidelines, and Sample Board of Nursing Diversion Offer (consult with a Nursing Lawyer first), and Reporting Requirements

Occupational Therapists, and see Occupational Therapy Practice Act, and sample Inquiry Letter

Paramedics, and AMR Policy Example

Peace Corps, and More on Peace Corps

Pharmacists, and More on Pharmacists, and see discipline case, In the Matter of Jacqueline Hall

Pilots, and More on Pilots, and Reporting Requirements

Real Estate Agents, and B&P Section 10186.2 Reporting Requirements, and Reporting Form

Teachers, and see discipline appeal case, Broney v. Commission on Teacher Credentialing (three DUI convictions in 14 years, teaching credential suspended 60 days, but stayed subject to three years of probation, discipline upheld on appeal).

Therapists

Vocational Nurses & Psychiatric Technicians, and see sample Inquiry Letter

Or click on Resources on this site and then find your licensing board website under "Agencies and Organizations," or consult your professional directory for additional information. Inaction with respect to a Napa County DUI or other conviction in the Napa courthouse may cause serious consequences which could have been avoided with timely intervention.

Military and Law Enforcement Personnel

Military and law enforcement personnel who are charged and/or convicted of a Napa DUI present special situations which require information you receive from military counsel, union representative, or your commander, and coordination of strategy with your Napa DUI lawyer. You should also be aware of any self-reporting requirements of your particular service branch.

Local Coast Guard DUI Consequences. The following consequences have been reported by several local Napa County coast guard personnel prior to any adverse DUI court or DMV findings: base driving privileges suspended for one year, grounded from flight operations for 60 days, alcohol dependency screening by command surgeon and/or off base intensive evaluation and 28-day residential treatment, two alcohol awareness classes per week for six weeks, command investigation, captains mast non-judicial punishment, documentation of alcohol incident in permanent record, fine, suspension of incentive pay, after hours work and confinement to base.

Military Service. Obviously, the best way to avoid consequences if you suffer a Napa County DUI while serving in the military was to avoid the DUI altogether. The second best way is to try to beat the DUI by hiring a local Napa lawyer, such as Ryan, to review the case and present your options. Click here to read a "sobering" account by an airman of The Fast Track To Losing Stripes. Click here to read about the top enlisted sailor on the San Diego-based destroyer Gridley, a Master Chief Petty Officer relieved of duties as command master chief due to loss of confidence in his ability to fulfill the role: Top Sailor on San Diego Destroyer Ousted after Tennessee DUI Charges.

Military Recruiters and Recruits. Military recruiters face tough consequences if arrested for a DUI, even before any conviction. Click here to see an example of a career Army Recruiter Reprimand. A dismissal or reduction of charges in court may help; ask a JAG and a Napa DUI attorney about your unique situation. If you are a military recruit, you may wish to consider asking your lawyer to attempt to avoid the typical three or more years of Napa County probation if such continuing jurisdiction by a civilian court would present obstacles to enlistment or continued service. Click here to see an example of a DUI Disqualification Letter declining consideration for enlistment until the Napa County DUI case is resolved without conditions (in other words, without continuing probation). Sometimes a letter or other proof of need to resolve your Napa County case without probation terms may help your Napa DUI lawyer to obtain such a resolution. Click here to see an example of a Recruiting Officer Letter request for no probation. If you authorize your Napa DUI lawyer to speak with the appropriate commanding or recruiting officer, often severe consequences may be avoided.

Commercial Drivers

Commercial drivers with Class A or B licenses face particularly tough consequences upon conviction for a Napa County DUI or failure to win the related Napa DMV hearing. A truck driver, commercial delivery person, or fire engine driver may face loss of career because a DUI conviction will normally result in a one-year loss of his/her commercial license (CVC 15300).

A second DUI or combination of convictions (even if the prior conviction(s) were more than ten years ago) will normally result in lifetime loss of commercial privileges (CVC 15302). Note that the DMV's current interpretation of CVC 15302 is that this penalty is not intended to include DUI arrests prior to the operative date of September 20, 2005. Sometimes the only way to avoid catastrophic personal or economic consequences is to obtain a substantial reduction in charges, or win your case at trial in the Napa County Superior Court. See our further Napa DUI Lawyer discussion about commercial DUI suspensions, restricted licenses, and Getting Your License Back. Discuss your specific case with a Napa County DUI Attorney.

Employer Pull Notice ("EPN") Program

As required by Vehicle Code Section 1808.1, certain drivers, typically commercial drivers with Class A or B licenses, or Class C licenses with special driving qualifications, are enrolled by their employers in the EPN program. Pursuant to this program, the DMV will automatically generate a driving record and mail it to the employer for newly enrolled drivers, or annually for currently enrolled drivers, or upon an "action or activity" which is defined by law as a conviction, failure to appear, accident, driver license suspension or revocation, or any other action taken against the driving privilege, including initial DUI charges.

A Napa DUI attorney may be very helpful keeping commercial and other drivers on the road after a DUI arrest and before the case resolves, explaining to an employer that simply receiving a notice of an action or activity does not necessarily mean that an employee cannot drive at this time, but just that an initial action has been taken (such as suspension by means of the pink temporary license, but stayed due to a request for DMV hearing) and might very well be fought and won (or DUI reduced to wet reckless or better, etc) in Napa County court and at the DMV, resulting in no DUI suspension at all, or that there may be significant delay before any DUI suspension actually occurs, and that, depending on individual circumstances, the employee's driving privilege is likely perfectly valid and complete at this time despite any pending DUI charges or allegations in court or at DMV.

Click here to see a Sample Noncommercial Employee Pull Notice sent to a hotel chain corporate office regarding an employee arrested for a standard first DUI, or here Sample Government Employee Pull Notice sent to a county employer regarding an employee arrested for a refusal DUI, or here for a Sample Commercial Driver Pull Notice sent to a trucking company regarding a driver arrested for a simple DUI in his private non-commercial vehicle. You can find more information on the EPN program by clicking on EPN Program. If you are not required to be part of the EPN program pursuant to Vehicle Code Section 1808.1(k), then if you are enrolled, your employer must obtain your prior written consent on a form such as the Authorization for Release of Driver Record Information, and keep a copy on file at your worksite, and immediately remove you from the program upon termination of your employment. Click here for other Pull Notice Forms on the DMV website.

Background Checks and Employment Applications

When applying for a state license or job, many licensing agencies and employers ask about criminal history before hiring you or allowing you to sit for a licensing exam. See, for example, the Dental Hygiene Committee of California Exam Application. A good Napa County DUI attorney will advise that you get a copy of any records indicating negative incidents, such as your DMV record, local court record, and state criminal record.

Get copies of your records. Find your DMV driving record by going to DMV and asking for a complete long form "H6" driver license history printout. A Napa DUI lawyer can be very helpful assisting you in deciphering this printout. Find your local criminal record by going to the local courthouse where you were arrested and/or convicted to get a "docket" or printout of your case history. Get your California state criminal records by clicking the following link and requesting a copy of your DUI or other criminal records: California Department of Justice Records Request. Again, a Napa DUI attorney may be very useful in explaining how to read records after you receive them.

Correcting inaccuracies. If there are inaccuracies on your state criminal record, you may submit a formal challenge to the Department of Justice only after you have received a copy of your record from the Department, pursuant to California Penal Code sections 11120-11127. Form BCIA 8706 "Claim of Alleged Inaccuracy or Incompleteness" will be mailed to you along with your record. Submit form BCIA 8706 and any supporting documentation to the Department of Justice at the address provided on the form. The challenge will be reviewed and a written response will be provided, along with an amended copy of your criminal history record if appropriate.

What can a potential employer ask about? The best Napa DUI attorneys will tell you that employers are highly regulated on what information regarding criminal backgrounds may be solicited on employment applications. Both federal and state laws restrict the types of questions which may be asked. California Labor Code Section 432.7 generally prohibits employers from asking about arrests or detentions which did not result in convictions, or which resulted in diversion programs in lieu of convictions, or about convictions which have been sealed or expunged (see our Napa County DUI Lawyer Discussion of Expungements). This does not prohibit employers from asking about pending cases where an arrest occurred but the case has not yet been resolved. California Labor Code Section 432.8 generally prohibits employers from asking about minor marijuana convictions more than two years old. California Labor Code Section 432.9 generally prohibits public agency employers from asking about conviction history on any employment application, until the agency has determined the applicant meets the minimum employment qualifications for the listed job. For a good discussion of applicable employment law in this area, see, California Laws on Employer Use of Arrest and Conviction Records, and the California Department of Fair Employment & Housing publication, Employment Inquiries: What Can Employers Ask Applicants? Consult with a Napa County DUI attorney about your unique situation.

Public Information, Internet & Mug Shots

Court Records. Napa DUI attorneys will tell you that criminal case records from arrest to disposition are generally considered to be public information. Indeed, this is the reason why stopping at your local county courthouse where a case is pending or was concluded, is the single best way for you to find accurate information about your matter. Unfortunately, this is also true for any prospective employer, vindictive spouse, or news outlet who knows your county of residence. Generally, these records may not be sealed or destroyed without further proceedings, although guilty pleas may be withdrawn and cases dismissed pursuant to California's expungement process. Expungements do not completely wipe out evidence of a DUI conviction, but may be very useful in certain circumstances. See our Napa County DUI lawyer discussion of expungements by clicking here: Easing the Consequences of a DUI: Expungements.

News Outlets & the Internet. Given the incredible access to information provided by the world wide web, anyone arrested for a DUI should expect to find evidence of such proceedings in the news and on the internet. Local police agencies routinely make available over-the-counter arrest logs (the typical source of "jail mail" for lawyer solicitations in your mail box), and arresting agencies routinely publish and post DUI arrest stories and periodic arrest logs. Click here to see the Sonoma County Sheriff Daily Arrest Logs, for the Napa County In Custody Bookings, here for the Lake County Recent Arrests, here for the Marin County Public Booking Log, and here for the Solano County Jail Booking Logs.

Agencies often post arrest information on the Nixle public safety agency reporting service. Click the following links to see the local Nixle sites for Napa Police, St. Helena Police, and Napa County Sheriff.

Local news outlets such as the Santa Rosa Press Democrat, Napa Valley Register, Marin Independent Journal, and Ukiah Daily Journal often publish and upload to the internet DUI news headline stories, including names of individuals arrested for DUI, particularly if the allegations are relatively severe, and thus newsworthy (such as collisions, police chases, children in the vehicle, multiple offenders, etc.). Certain news outlets also collect and publish DUI arrest and conviction statistics which include names of arrested individuals. Click here for the Santa Rosa Press Democrat Daily Arrest Logs, which lists Sonoma County arrests, and often lists arrests in surrounding counties including Napa, Lake, Mendocino and Marin.

Although such reporting may harm relations or reputations, and preliminary allegations and reports may later be proven false or misleading, nevertheless, Napa DUI lawyers find that most publishers refuse as a matter of policy to remove an individual name from such news stories and listings when requested to do so, even under the most compelling circumstances.

Mug Shots. Many counties publish or release booking photos and mug shots to the media, and there are numerous commercial internet companies who obtain and re-post these photos online. A commercial website might remove a mug shot following a simple request, but many have been known to charge a hefty fee without any guarantee that the harful or offensive mugshot or info will not pop up on a sister website. In 2014, California passed SB1027, outlawing this practice in Civil Code Section 1798.91.1. But see the following in-depth discussion on this topic by the nonprofit Pew Charitable Trusts: Fight Against Mugshot Sites Brings Little Success. See also a number of older articles on this topic: Mugged by a Mug Shot Online, and Don't Want Your Mug Shot Online? Then Pay Up, Sites Say, and How People Profit From Your Online Mug Shot And Ruin Your Life Forever, and Mug Shot Websites Face Lawsuit Alleging Violations Of Arrestee Publicity Rights.

See one rare example of local law enforcement doing something to protect the privacy of the accused: Sonoma County Sheriff Removes Jail Mugshots from Internet.

The good news from a Napa DUI lawyer standpoint is that at least some of these sites may respond (if you have the money), but this is a perfect opportunity for unscrupulous people to scam and abuse desperate people, so be sure to search for reviews online for any company before paying money to try to remove mugshots or harmful information, or to rehabilitate your online reputation. Understand that if you pay for removal, there's no guarantee that the mugshot or harmful information isn't already elsewhere or won't pop up somewhere else (this is just one variation of the scam).

Finally, it's worth considering that in most cases adverse information doesn't surface unless someone is searching hard for it, in which case they may find it elsewhere or already know what they're looking for; criminal cases are a matter of public record and available for anyone who asks at the local courthouse. Consult with a Napa County DUI attorney about your unique situation.

The best Napa DUI lawyers will tell you that if you want to avoid aggravating the judge or making future arrests even worse, you may wish to consider fixing or addressing outstanding problems that trigger or contribute to adverse contact with the criminal justice system.

Licensing and Equipment

Napa DUI attorneys often advise clients that it may very well be in their best interests to get a suspended driver's license fixed, properly register any unregistered vehicle, pay off old tickets at the Napa County courthouse in Napa, renew expired insurance, and fix vehicle equipment violations which led to the initial stop and DUI arrest in this incident or could lead to police stops in the future.

DUI lawyers see common vehicle and equipment violations which can be addressed to reduce the chances of future police contact, including expired registration tags, malfunctioning tail lights, headlights and license plate lights, missing front license plates, tinted windows, cracked windows, trailer hitches and bike racks blocking rear license plates, balding tires causing lost traction, and after-market exhaust and sound systems.

Alcohol Abuse or Addiction; Self-Help

If your alcohol level was higher (greater than .15%), or if this is your second or third DUI, or other aggravating allegations are present such as a collision, child endangerment (children in the car), hit and run, refusal to give a chemical test, younger age of the offender, uncharged prior incidents, distant priors (outside 10 years), very recent prior DUI conviction or probation violations, etc., then an experienced Napa DUI lawyer will often explain that the court is likely to be concerned with public safety, and the judge may very well consider ordering a number of restrictions on your liberty at the very first court hearing and for the duration of such a case, such as ordering no-alcohol use or possession, waiver of search rights to enforce a no-alcohol order, active probation department supervision (including random drug and alcohol testing), an alcohol monitoring leg device, a breathalyzer in your vehicle, etc.

In such cases, to begin addressing issues or to head off continuing problems, a Napa DUI attorney may very well advise you to consider attending Alcoholics Anonymous ("AA") meetings as well as an additional layer of rehab, in order to try to soften the court's reaction to initial charges, particularly if there are no substantial defenses in this case.

Often, Napa County courts will reward voluntary pre-sentence self-help in DUI cases because it demonstrates personal awareness and responsibility, and a lower likelihood of re-offending. Rewards can include less, or no pre-trial orders or supervision, or at the end of a case, credits for jail time, lower fines, or relief from other common sentencing orders. One meeting per day or at least four or more per week, and perhaps additional out-patient counseling may be very impressive to a Napa County judge. You can find AA and NA locations in Napa County by clicking here: Local AA Meetings, and then select the Napa County link. Likewise, you can find Narcotics Anonymous ("NA") meetings by clicking here: Local NA Meetings, and then select the Napa County link. Discuss your individual circumstances with your Napa DUI attorney.

Napa DUI Lawyer Tip: There are many different kinds of AA and NA meetings in Napa County, so don't be discouraged if your first meeting doesn't seem to fit your personality, issues or situation. Some say that the trick to initial success in AA is to find the meetings that you can best relate to, with respect to (1) the type of meeting and the way it's run: some meetings are closed (alcoholics only) and others are open (newcomers and visitors welcome), some meetings focus exclusively on the "Big BooK" 12-step AA fundamentals, some have speakers or share stories, others are conducted as more informal, open, roundtable discussions, some are more or less religious, etc.; and (2) the type of people who attend: some meetings restrict attendance by age (seniors or youth), gender, or sexual orientation, some meetings allow children, or disallow smoking, etc.

Napa DUI lawyers often recommend that first-timers try several different meeting locations and times. Whether self-initiated or court ordered, attendance proof is important to help your Napa County DUI attorney at an opportune moment in court; click here to print out an Self-Help Attendance Sheet and keep a record of each meeting attended, signed by the meeting leader. If you decide to attend meetings, then you should consider sending your Napa DUI lawyer copies of these partially completed AA attendance sheets on a weekly basis to ensure that they are not lost or stolen, and so that your Napa DUI lawyer will have them at the right time (always keep the originals).

Specialty Meetings for Professionals. There are sobriety groups for many professions, which may be found online with a simple internet search, offering especially relevant peer counselling and support from colleagues who share the same pressures and situations. See, for example, International Doctors in Alcoholics Anonymous, International Lawyers in Alcoholics Anonymous (and locally, The Other Bar), and Birds of a Feather International (pilots).

Employee Assistance Programs. Many unions and larger companies offer Employee Assistance Programs (EAP programs), where participation may offer the same career-specific support network, and also where early participation in a recovery program offered by an employer may tend to soften that employer's response to an employee's DUI arrest or later conviction.

An AA Alternative. Some people want, or are willing, to engage in self-help for their own well-being, and to help their Napa County DUI lawyer to try to mitigate possibly imminent criminal court consequences, but they may find that the AA approach to drinking and sobriety isn't a good personal fit. At least two other alternative self-help group are available in Napa County, Smart Recovery, which describes itself as a "self-empowering addiction recovery support group," and LifeRing, which describes itself as "a secular alternative to traditional recovery programs like Alcoholics Anonymous and other 12-step organizations." Click here to see a North Bay Bohemian Article About LifeRing.  You may wish to inquire with your Napa DUI attorney if these alternative meetings might accomplish the same goals in a DUI court case.

Outpatient Treatment. Arrestees with high alcohol levels and/or multiple prior DUI's must understand that the courts will assume you have an issue with alcohol in your life (probably fair considering the increasing trouble you may be facing now). You may wish to seriously consider an additional layer of treatment such as Kaiser Outpatient or residential rehab to avoid increased penalties or being jailed during the court proceedings if there are no obvious defenses in your DUI case. Click here to see a Sample Kaiser Scheduling Commitment. You may be able to find other service providers by contacting the Napa County Department of Alcohol and Drug Services. Day-for-day jail credits can often be obtained for controlled residential treatment accomplished prior to sentencing, with such agencies as McAlister Institute, located in Napa.

For further information in this regard, click on Resources on this site, and look at the last section of the first "Self-Help" column for a comprehensive listing of local Napa County and other North Bay out-patient and residential rehab services, talk to your Napa County DUI lawyer about such self-help efforts, and also look at relevant links under "DUI Compliance" to view other Napa County drug and alcohol programs.

What is an Expungement?

If you successfully completed probation and you are not currently serving any sentence, on probation, or being charged with any crime at this time, then upon successful application to the court where your prior conviction was entered, that court may vacate your guilty plea or verdict, enter a plea of not guilty, and dismiss your case. Thereafter, in most situations you may legally say it never happened. The purpose is to allow people to move on with their lives, particularly in the employment context, without forever being required to disclose past mistakes.

Click here to see the law used for typical DUI expungements: Penal Code Section 1203.4. If you are interested in reading a court case which describes in detail the different kinds of expungements available to most people, click the case at the end of this sentence and scroll down to the section of the case subtitled "General Principles Applicable to Dismissal of a Charge Under Penal Code Section 1203.4" People v. Holman (4th Dist. 2013).

Once your court probation is completed in Napa County, and as long as you are not on probation in any other case, you may ask your Napa County DUI attorney to file an expungement petition in Napa so that you can intentionally, legally, fail to disclose this conviction on a future application for employment in the private sector. Even government jobs and state licensing boards or other situations where disclosure might still be required will, nevertheless, almost always view a successful expungement as helpful, court-approved evidence of rehabilitation, and a respectful final outcome.

As you can see below, an expungement has limitations, so be sure to ask a Napa DUI attorney before relying on this procedure to "erase" a DUI conviction, or "get it off your record," but nevertheless the results of a successful expungement can be extremely beneficial. Situations can arise unexpectedly which could have benefited from a properly submitted and executed expungement; it is well worth a reasonable fee even if you do not see the need at this moment.

Benefits And Limitations Of Expungements

Benefits. An expungement of a Napa County DUI will result in the dismissal of the case which was expunged and allow you to answer that you have not been convicted of that DUI on applications for most non-government jobs (or jobs not requiring security clearances or government-issued licenses, certificates or permits). In addition, an expungement will prevent the conviction from being used to challenge your credibility if you testify as a witness in someone else's court case. In felony cases, an expungement is also the first step to obtain a pardon.

The best Napa DUI lawyers can tell you that on September 28, 2014, Governor Brown signed Assembly Bill 2396, which added language to Business & Professions Code Section 480 prohibiting a professional licensing board within the Department of Consumer Affairs (DCA) from denying a license for an individual based solely on a conviction which has been expunged under Penal Code Section 1203.4. Although typically disclosure of a qualifying conviction is still required, nevertheless DCA Licensing Boards are prohibited from using just an expunged conviction as the sole basis to deny a license in many professions, such as Accountants, Barbers and Cosmetologists, Contractors, Dentists, Engineers, Nurses, Pharmacists, Psychologists, Real Estate Agents and many more. Note that a DCA board might still try to use the underlying conduct of a case, or other arguably bad conduct together with a conviction, to deny a license in a particular case, but it should be apparent that an expungement may very well facilitate a professional license for many people in many professions.

Limitations. A good Napa DUI attorney will tell you that an expungement of a Napa County case will not erase or remove the conviction from your criminal history records, or seal or destroy those records, at the state or federal level. Rather those criminal records will show a new entry that the case was dismissed pursuant to the expungement law listed above. See example New Criminal Record Entry. An expungement will not prevent a Napa County conviction from being used as a prior offense to increase the severity of punishment in a new case. An expungement will not prevent the conviction from being used to challenge your own credibility if you have a subsequent offense. An expungement will not prevent the conviction from being considered in government licensing, certification or permitting matters. An expungement will not prevent the conviction from being considered in immigration proceedings. An expungement will not eliminate sex offender registration requirements. An expungement will not reinstate an ex-felon's right to possess firearms (although a reduction to a misdemeanor first by a Napa judge may accomplish this in certain cases). Finally, a good Napa DUI lawyer should caution you that a Napa DUI expungement does not change the appearance of, or delete any information from California DMV records, or otherwise alter or affect driving history or DMV reporting, on the DMV's separate and independent driving record history. A Napa DUI expungement also does not automatically permit entry into the US through the US Global Entry program, or allow entry into Canada if such entry is otherwise barred or restricted, although recent anecdotal evidence suggests that Canadian policy and practices have been changing back and forth (see, Canadian Inadmissibility, and also Record Suspension.)

Because an expungement of a Napa County DUI will not seal or otherwise remove the court file from public access, it is important to understand that anyone who is persistent, skilled, or knows where to look, will likely find the file or case information. This is especially true in light of the prevalence of excellent internet search engines and services (free and fee-based) which may always be able to produce court and media records of arrests and convictions.

However, Napa County DUI lawyers will agree, and so it is worth repeating, that even if such records may be found, or if disclosure of an expunged conviction is required, or if use of an expunged conviction is still permitted in certain situations, nonetheless the fact that you obtained an expungement from a Napa judge is typically viewed as the proper and best means of securing an officially-stamped acknowledgement of rehabilitation and a respectful final outcome which should reduce the weight and significance of the conviction in many contexts. Unexpected situations may arise which could have benefited from a properly completed and submitted Napa County DUI expungement; it is well worth a reasonable fee for a Napa DUI lawyer to properly accomplish an expungement for you even if you do not see the need at this moment.

For more information on what an employer may ask prospective job applicants and employees regarding past criminal arrests and convictions, including past, pending, and expunged Napa DUIs, see our Napa DUI lawyer discussion here: Background Checks and Job Applications.

Research Your Case and Other Supporting Documentation

If you choose, you can accomplish the initial work yourself, by obtaining a court "docket" history of your case(s) from the Napa County criminal court clerk's office.

Fill out an official expungement form; click on the links below and fill out the forms and send them together with your docket(s) to a Napa DUI lawyer such as Ryan to review, comment and process it through the legal system for you. If you are doing this yourself without a Napa DUI attorney helping you, then you would well-advised to at least consult with a lawyer after carefully reviewing and preparing the proper forms described in this discussion, and before submitting the completed forms to the court at the location described above.

In addition, as you will see below, the law now requires that you appeal to the judge's sense of justice in the petition for expungement of a past DUI. Therefore a good Napa County DUI lawyer will ask you to write a brief description of the facts and circumstances of the conviction, any explanations surrounding unsuccessful periods of probation, and a short detailed account of your life from the date of conviction to present day. You can also begin the process of collecting any evidence of rehabilitation in the community by making copies of diplomas, church letters, employment references, evidence of charitable accomplishments, and letters of recommendation from friends and community leaders, etc. An additional important element of any good petition is an explanation and any evidence of substantial hardship created by the conviction(s) sought to be expunged.

The goal is for you and your Napa DUI attorney to present a compelling series of facts and arguments for granting you relief from the effects of a past mistake by showing you are reformed and you have become an outstanding and/or respectable contributor in society, but the conviction continues to create a hardship from which you wish to be relieved. The best Napa County DUI attorneys will place your personal statement into a declaration (see form link below), attach any letters and evidence, and submit everything, including the Petition for Expungement and an unsigned form of Order, to the court for processing and ultimate decision.

Use a Local Attorney

Napa DUI Lawyers Understand Legal Forms and Procedure. If you don't know the information requested in the forms, you can have a local Napa County DUI lawyer research and process the forms on your behalf. In addition, hiring a Napa County DUI defense attorney may be necessary to successfully challenge a court's routine denial of expungement if the Napa County District Attorney's office continues to automatically "reject" DUI expungement petitions as that office has done in the past.

Napa DUI Lawyers Understand How DUI Expungements are Different. You know you have the right Napa DUI lawyer when he/she can properly articulate and explain to you that the expungement laws changed in 2008 to eliminate the absolute right to expungements in DUI cases (and certain other driving offenses listed in VC 12810(a)-(e)), so that a court is required to use its discretion to grant expungement petitions only in the interests of justice (see, PC 1203.4(c)), as opposed to before the law changed when most DUI petitioners who successfully completed their term of probation had an absolute right to have the petition granted. A Napa DUI attorney with a working understanding of this change in the law may be a great advantage to properly presenting your history and current situation to the Napa County Superior Court, in order to effectively appeal to a judge's sense of justice and obtain for you this valuable closure.

Typically There is Only One Chance to Get it Right. Napa DUI lawyers understand that courts usually will not allow individuals to keep trying to get it right. If an expungement petition is denied by the Napa County Superior Court, then it is unlikely the court will receive a new petition attempting to correct or add information, unless changed circumstances can be shown in a later petition. Therefore it is critical that a Petition for Expungement be properly submitted the very first time, when the chances of success are greatest.

Most expungements take approximately one week for a good Napa DUI attorney to process, and once submitted, up to 12 weeks or more for Napa County courts to review and approve. Click here for the correct Napa DUI expungement forms as of May, 2017: Petition for Dismissal, Transmittal and Agency Review; and click here for the required fillable state forms: Petition For Dismissal ("Expungement"), Order For Dismissal, and Declaration Form.

Sealing Juvenile Record

Many people don't know that a juvenile criminal record (including a Napa County DUI conviction obtained as a juvenile (arrested while under 18 years old), may not have been automatically sealed, but such conviction records can be sealed so that they are not available to the public, and cannot be used by a prosecutor to increase your sentence in a new case. Napa DUI lawyers have seen new Napa County DUI cases with significantly increased penalty exposure due to past juvenile Napa County DUIs and under-21 DUIs which were never sealed. For more information about sealing a Napa County DUI suffered as a juvenile, or sealing other juvenile offenses, contact the Napa County Juvenile Court, and see a general description on the Official California Courts website, Sealing Juvenile Records. Discuss your unique case with a Napa DUI attorney before deciding on a course of action.