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Los Angeles DUI and Teachers
|Last Updated on: 22nd September 2023, 04:43 am
Los Angeles DUI and Teachers
For teachers in Los Angeles, a DUI conviction can have serious consequences for your career and teaching license. While a first-time DUI offense is generally a misdemeanor, it must still be reported to the California Commission on Teacher Credentialing (CTC). The CTC may then investigate and potentially take disciplinary action, including suspending or revoking your teaching credential. However, there are steps you can take to mitigate the damage and move forward with your career.
Reporting a DUI Conviction
Under California law, teachers are required to report any criminal conviction, including DUI, to the CTC within 30 days[1]. Failure to report may be considered unprofessional conduct and also lead to disciplinary action. Once the CTC is notified, they will open an investigation and you will need to provide details about the offense. The CTC looks at factors like[2]:
- Blood alcohol content (BAC) at time of arrest
- Whether there was an accident
- Prior DUI convictions
- Whether you refused a chemical test
- Whether students were present or involved
Based on the investigation, the CTC can issue anything from a public reproval or probation to full revocation of your credential. For a first offense with no aggravating factors, a less severe response is more likely.
Impacts on Your Teaching Career
Even if the CTC takes no action, a DUI can still impact your teaching career. By law, school districts must be notified of any criminal convictions of teachers. The district may open their own investigation or take disciplinary measures such as[3]:
- Letter of reprimand
- Suspension without pay
- Reassignment to a non-teaching role
- Termination
Getting fired outright is rare for a first offense, but transfers to non-teaching roles or temporary suspensions are possible. Districts want to avoid liability and may take a very cautious approach. However, working cooperatively with your district and union can help negotiate a reasonable outcome.
Defending Your Teaching Credential
Since your credential is required to work as a teacher, defending it is crucial. An experienced DUI defense attorney can help by[4]:
- Negotiating a plea deal to lesser charges like reckless driving
- Getting the DUI charge dismissed entirely
- Having the DUI expunged from your record
This avoids automatic credential reporting and disciplinary action. While expungement does not destroy or seal the record, it releases you from penalties and disabilities of your offense under California law. School districts may still find out about an expunged DUI during background checks, but it prevents the CTC from taking action.
Alternative Programs
California offers alternative programs that allow avoiding license suspension and receiving probation instead of jail time. These include[5]:
- Wet reckless – Pleading to a wet reckless charge instead of DUI. This is still reported but seen as less severe.
- CA Diversion Program – Completing classes and probation to dismiss DUI charges.
- CA Deferred Entry of Judgement – Similar pretrial program to avoid conviction.
Participating in one of these programs, especially pretrial diversion, can help prevent impacts on your credential and career. Many teachers plead to wet reckless charges to avoid license suspension and maintain their ability to drive to work.
Getting Your Credential Back
If your credential is revoked, you can seek reinstatement by submitting an application and evidence of rehabilitation to the CTC. However, this can take 1-3 years depending on the severity of the offense. Steps that help demonstrate rehabilitation include[6]:
- Completing DUI school and treatment programs
- Participating in community service
- Showing strong work history and letters of recommendation
- Furthering education and training
- Obtaining counseling and addressing underlying issues
The CTC looks for consistent effort over time to show you have addressed past mistakes and changed. Legal representation can also help guide you through the process.
References
[1] https://www.losangelescriminallawyer.pro/los-angeles-dui-and-teachers.html
[2] https://www.duiblog.com/2022/11/08/how-a-dui-can-affect-your-california-teaching-credential/
[3] https://www.lucymcallisterlicensinglaw.com/california-teacher-educator-with-a-dui-arrest-conviction/
[4] https://esfandilawfirm.com/dui-teachers-school-workers/
[5] https://www.donhammondlaw.com/blog/what-to-do-if-you-are-a-teacher-facing-a-dui-charge/
[6] https://www.losangelesduiattorney.com/dui-faq/can-you-be-a-teacher-with-a-dui/