Orange County DUI Arrest And The Public School Teacher

Law Offices of EJ Stopyro
Orange County DUI Lawyers
DUI Attorney in Orange County

Section 490 of the California Business & Professions Code enables any licensing board in California to impose discipline on a licensee who has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the profession. Moreover, any DUI attorney in Orange County will tell you that B&P Code §480 empowers the credentialing Commission to deny a credential to an applicant based upon the conviction of a crime, including an Orange County DUI. If a credentialed teacher is convicted of an Orange County DUI, the California Department of Justice will notify the California Department of Social Services of the DUI conviction. The Department will then send the teacher a letter telling them that if they want to keep their teaching credential they must apply for a criminal record exemption because of the DUI conviction. An application for exemption requires a letter of explanation from the teacher, the court order in the DUI case, and proof that the teacher was put on informal rather than formal probation for the Orange County DUI.

Orange County DUI lawyers also know that the conviction of any misdemeanor or felony, including an Orange County DUI, will cause the Commission on Teacher Credentialing to determine if the teacher is fit to hold a credential. Although a DUI conviction is not usually sufficient in and of itself to automatically disqualify a teacher. Rather, the Commission uses a seven-part test to assess the fitness of the teacher.

1)      What’s the likelihood that the Orange County DUI may have adversely affected students of fellow teachers and the degree of such adversity;

2)      What’s the proximity or remoteness in time of the Orange County DUI arrest;

3)      The type of teaching certificate  held by the teacher;

4)      The extenuating or aggravating circumstances of the Orange County DUI (this includes how high the blood alcohol level was on the blood test or breath test, whether there was a DUI with injury, any prior DUIs, was it a drug DUI, was it a refusal, whether the teacher cooperated and took field sobriety tests, etc.);

5)      The praiseworthiness or blameworthiness of the motives resulting in the drunk driving;

6)      The likelihood of the recurrence of the Orange CountyDUI; and

7)      The extent to which the disciplinary action may inflict an adverse impact or chilling effect upon constitutional rights of the teacher involved or other teachers.

A teacher facing a charge for DUI in Orange County only faces harsh penalties arising from the court proceedings, including possiblejail time, an alcohol program, and a fine. They also face a possible driver’s license suspension resulting from a DMV hearing. But unlike regular civilians, teachers also face possible discipline from their Credentialing Commission. Thus, a teacher may need a DUI attorney in Orange County AND an attorney who specializes in disciplinary proceedings with the Commission.

If you are a teacher and you face charges for an Orange County DUI, it is in your best interest to consult with a DUI lawyer in OrangeCounty with excellent case results. Call the Law Offices of EJ Stopyro today at (949) 559-5500 to speak to an experienced OrangeCounty DUI lawyer. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyer in Orange County
Orange County DUI Attorneys