DUI And The Attorney: State Bar Discipline

DUI Attorneys in Orange County

Orange County DUI Lawyer

Law Offices of EJ Stopyro

Attorneys in California who have an Orange County DUI conviction, particularly a DUI with injury a refusal, a drug DUI, or a DUI with priors often suffer far reaching consequences on their career. California Business & Professions Code §490 authorizes the California State Bar to discipline an attorney who has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the legal profession. Moreover, any DUI lawyer in Orange County will tell you that B&P Code §480 allows the California State Bar to deny a license to an applicant based upon a conviction of a crime, including an Orange County DUI. So if you are a lawyer in Orange County, or are planning on becoming an attorney and you face a charge of drunk driving (DUI) in Orange County, you should immediately consult with an experienced Orange County DUI lawyer with outstanding case results.

The California Department of Justice will notify the California State Bar of any arrest of its licensees. The State Bar may send a letter to the attorney asking them to make a statement about the DUI arrest. This statement is usually made under penalty of perjury, so it is best to have your DUI lawyer help you with it. It is important NOT to ignore this request because this may be interpreted as a “lack of remorse” or “unwillingness to cooperate”. Depending on the circumstances, a lawyer accused of DUI may want to seek treatment or embark on a recovery program as soon as possible. After all, B&P Code Section 482 require the State Bar to take into account all competent evidence of rehabilitation furnished by the attorney.

The Business And Professions Code requires an attorney to report a conviction of a crime in the following situations:

·         The bringing of an indictment of information charging a felony against the attorney.

·         The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest of a felony, or a misdemeanor committed in the course of the practice of law, or in a manner in which a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor, involves improper conduct of an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or a misdemeanor of that type.

Under this statute, a typical first-offense DUI does NOT trigger the reporting requirements. However, if the offense included driving on a suspended license or leaving the scene of the accident, these ARE considered crimes of moral turpitude and do require reporting.

The State Bar usually does not impose discipline for a “standard” first-offense DUI. (If they even find out about it.) However, they may impose discipline for a very high blood-alcohol level on the breath test or blood test. The State Bar typically will discipline for a second-offense DUI because this repeated criminal conduct indicates alcohol abuse. The Supreme Court has held that under these circumstances the State Bar need not sit back and wait until the attorney’s alcohol abuse problem begins to affect the attorney’s practice of law. In re Kelly (1990) 52 Cal.3d 487, 495.

Aside from the State Bar, attorneys also face a DMV hearing and a possible driver’s license suspension. If you have a prior DUI within 10 years the DUI penalties from the court proceedings can be particularly stiff. Therefore, it is essential that you contact an Orange County DUI defense lawyer as soon as possible. For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

DUI Lawyers in Orange County
Orange County DUI Attorney