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 Sonoma DUI

Read Your Sentencing Order and Stay Out of Trouble!

Your Sonoma County DUI lawyer should inform you that there are multiple obligations imposed at sentencing in Sonoma County, such as fines, DUI classes, jail, etc. Although the court and even your Santa Rosa 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 Sonoma 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 affecting your legal position and your personal liberty. This is one of the most important reasons to have a Santa Rosa DUI attorney helping you, so that you fully understand the conditions which were imposed on you, and the consequences and benefits of unsuccessful or successful completion of probation.

In Sonoma County, at the time of sentencing, you or your Santa Rosa DUI lawyer will receive a "minute order" from the court showing every item recorded by the Santa Rosa courtroom clerk, including the court's specific sentencing orders (usually these are part of the court's probation order) regarding jail, fines, drinking driver DUI Program classes, 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 Sonoma County DUI lawyer will advise you to permanently keep the original orders (pictured, right) with your important papers. Click here to see a typical Sonoma County probation order: Typical First DUI Minutes/Sentencing Order, or here for the older 2015 example, or here for the older 2012 example, or here for the older 2011 example, or here for the older 2008 example. Click here to see the reverse (page 3) of the minute orders, which includes additional orders and key information such as phone numbers, addresses and times for certain obligations. Click here to see a typical probation order for a DUI Reduced to a Wet Reckless, or here for the older 2015 Wet example, or here for the older 2013 Wet example, or here for the older 2012 Wet example.

For other north bay counties, click here to see a typical first DUI Marin County Probation Order, or here for the older 2014 example, and here to see a first DUI Napa County Probation Order, or here for the older 2014 example, and here for a first DUI Mendocino County Probation Order, or here for the older 2014 example.

The Conditional Sentence

Sonoma County DUI lawyers know that mostly all Sonoma County DUI convictions result in this informal court probation (called a "conditional sentence") described above, which does not require monthly reports or any restriction on your travel. Simply put, 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 the new trouble, of course). The standard probation period in Sonoma County is 18 to 24 months for a wet reckless, three years for a typical first or second DUI, and five years for a DUI with two or more priors. High blood alcohol levels, refusals, hit and run accidents, or other aggravating allegations may affect the length of a probation term.

Typical Court Probation Terms

Jail (or jail alternatives), fines, and DUI program enrollment and completion, are a key part of this informal probation, and any decent Sonoma County DUI attorney will explain to you that failure to follow through on these obligations will likely result in a new charge of violating probation (including warrants, new Santa Rosa court appearances, and complications expunging this case later). In addition to these sentencing requirements, Sonoma 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 or intoxicating substances in your body (as compared to before conviction when you could theoretically have up to .08% alcohol level). New penalty provisions regarding driving with measurable alcohol are discussed below. In addition, although Santa Rosa DUI lawyers may succeed in avoiding burdensome conditions of probation, still, informal probationers with more serious penalties imposed might ultimately waive search and seizure defenses during this period and agree to submit to chemical testing pursuant to a lawful order by a Sonoma County peace officer; these waivers and agreements typically will not become relevant unless there is adverse police contact.

Higher Alcohol Levels and/or Multiple Offenders

Normally all of these and other probation conditions will be included on your Sonoma County court minutes/sentencing 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 your Sonoma County DUI lawyer should explain to you that you may be subject to further probation conditions, such as refraining from alcohol possession and use (and waiver of search and seizure rights to enforce no-possession orders), and staying out of places where alcohol is the primary item for sale, installation of an ignition interlock device in any vehicle you own or operate, etc. Click here to see a typical Sonoma County Second DUI Probation Order, or older 2014 example, or older 2012 example, and here for a Sonoma Second DUI with Aggravating Factors (higher alcohol levels, recent prior offense or violation of probation on prior DUI, collision, hit and run, old prior outside ten years, resisting arrest, refusal to give breath/blood test, kids in the car, suspended license, etc.), or older 2014 example, or older 2012 example, or here for a Second DUI Reduced to Wet Reckless resolution (much lower alcohol numbers and a distant prior offense).

The best Sonoma DUI lawyers should be able to explain that counties vary in sentencing practices. For a comparison of the above sentencing approaches in Sonoma County with other North Bay Counties, click here to see a typical Napa Second DUI Probation Order, or older 2014 example, and here for a typical Napa Second DUI with Aggravating Factors, or older 2014 example, and here for a typical Mendocino Second DUI Probation Order.

From December, 2009, to July, 2012, multiple DUI offenders were referred to a "DUI Compliance Court" (see further discussion below). If you were sentenced during this time, then your Sonoma County DUI attorney should have given you a copy of your Compliance Court Probation Order, including obligations to perform and further court dates in Santa Rosa following sentencing. Click here to see an example of a Second DUI Probation & Compliance Court Orders. A good Santa Rosa DUI lawyer will explain each of these obligations and try to lessen the impact of certain tasks. For example, if you were sentenced under this scheme but you are fully in compliance, you may not be required to continue attending if your Request for Waiver of Appearance is approved.

Third DUI sentencing and probation terms vary widely depending on individual circumstances, but click here to see an example of a Sonoma County Third DUI Probation Order where home confinement was authorized in Santa Rosa, followed by a period of time on an alcohol detection anklet. 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 Sonoma DUI sentencing options and consequences, you may ask a Santa Rosa DUI attorney, or click on Resources on this site and then under "Self Help" click on the California Vehicle Code. Most of the Sonoma 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 Santa Rosa 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 Sonoma 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. Sonoma 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 Sonoma DUI attorneys will explain to you that it is absolutely critical that you refrain from driving with any alcohol (courts often add "or other intoxicating substances" to probation terms) in your body at all during your probationary period. Vehicle Code Section 23600(b)(2),(d). 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 Sonoma County then your driver license likely will be suspended for a minimum one year (refusals may be even longer), usually with no possibility of any hardship or 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.

Sonoma County's DUI Specialty Courts

The "Tier 2" Compliance Court ("DUI Court")

Good Sonoma County DUI lawyers will explain to you that in February, 2008, Sonoma County implemented an intensive, treatment-oriented program, modeled after Sonoma County's Drug Court, which effectively delays serving a jail sentence, and upon successful completion contemplates home confinement to satisfy any minimum jail sentence and early termination of your time on probation. The program is a collaboration of the Court, Probation Department, Health Services, the Public Defender's office, the District Attorney's office and local law enforcement.

Sonoma DUI Court is only available for Sonoma arrests, only for Sonoma County residents and only for non-felony cases, with no prior serious felonies and no current parole, and only after any sentence related to any probation violation is completed. Most participants are third offenders.

Sonoma DUI court is a post-plea interim resolution which would typically only be appropriate for eligible multiple offenders after thorough analysis of your present case with a Sonoma County DUI lawyer if you determine that either there are no viable defenses and the requested jail sentence is unacceptable to you because of job and/or family, or you wish to address the adverse effects of alcohol in your life.

Program Details. If you are willing to acknowledge a substance abuse problem and wish to take advantage of this intensive three-phase Santa Rosa program with regular obligations and reviews, bi-weekly therapy, drug and alcohol testing, at least 5 12-step meetings per week, and drinking driver DUI program classes, then, after meaningful review of your case with your Santa Rosa DUI lawyer, you may be referred by the trial court to the next DUI court session (Tuesdays at 2:00 p.m. --you must not be late-- in Santa Rosa Courtroom 15) for a mandatory observation by you. If you are willing, then a no-contest plea and alternate sentence would be entered at the next trial court hearing, and then you would be sent back to the DUI court for a further observation and subsequent preliminary recovery assessment by the judge. After this second observation, you would be interviewed in the following days and assessed by program counselors and staff, and if a satisfactory referral is made, then upon sentencing at the third DUI court session (usually with your Sonoma DUI lawyer) you would commence the program. The stated program length is a minimum of 12 months plus available after-care.

Typical Sentencing Terms. In addition to expected obligations such as twice-monthly counseling sessions, weekly court attendance, and 5 AA meetings per week, good Sonoma DUI lawyers will inform you that the court will typically impose the following additional terms at sentencing:

• 30 days CAM alcohol monitoring anklet at start of DUI court program
• 60 months formal probation (may convert to informal probation following successful completion of DUI court program)
• 120 days jail stayed (delayed) until completion of the one-year DUI court program, with 60 days home confinement at the beginning of the program, and 60 days home confinement at the end of the program (going to work and staying at home is permitted and the best incentive to being compliant and successful in this program)
• No firearms use or possession
• No alcohol use or possession, random drug/alcohol testing, and stay out of places where alcohol is the primary item of sale
• No controlled substances or paraphenalia without a valid prescription (includes ban on medical marijuana)
• Search and seizure rights waived (in order to facilitate enforcement searches regarding alcohol use/possession)
• Ignition interlock device in any vehicle owned or operated
• Habitual traffic offender designation (basically serves as a sentencing enhancement if there are further traffic violations)
• Multiple offender DUI program
• Fines

Program Benefits. Successful completion of the 52 week minimum program length allows a participant to completely avoid time in actual jail custody. In addition, your incentive to participate is this more thoughtful and measured approach for multiple offenders, including access to a lower cost, structured, and local Santa Rosa treatment program designed to transition you to a healthy and stable life, and early probation termination.

You should discuss all of the details with your Santa Rosa DUI lawyer. Click here to see the Summary Sonoma County DUI Court Brochure, and here for the complete Sonoma County DUI Court Participant Handbook. If you believe this program is right for you, then you should also view the obligations contained in the Conditions of Probation, and the DUI Court Agreement.

The "Tier 1" Compliance Court for Second and Third DUI Offenders [Suspended Program/Unfunded as of July 2012]

In December, 2009, the Sonoma County courts introduced a new layer of "informal" probation oversight for all second and third DUI offenders. This Sonoma DUI court program was unfunded and suspended in July, 2012.

In addition to the existing "DUI court" (described above, and in the Jail Alternatives tip in this section), a new segment was added, named the DUI oversight court. Under this new system, second and third DUI offenders were referred to this compliance court after sentencing. These offenders were referred to a compliance officer/case manager, and required to attend another court session two months following their sentencing (court hearings on the second Wednesday of each month), and again at the six month mark and finally at the one year mark. The court may order that the defendant not attend the second or third hearings. Persons who live in distant counties, and out of state residents, may participate by telephone in certain cases.

The Case Manager. Sentenced offenders will contact the compliance office and be required to meet with one of two case managers from the Sonoma County Alcohol And Other Drug Services Program ("AODS") to come up with an action/treatment plan to address (and facilitate/ensure) compliance with the original sentencing court's orders, such as enrollment and attendance in the DUI program, AA meetings, installation of the SCRAM anklet, ignition interlock devices, jail, work release or home confinement, etc. Participants provide proof of such compliance to their case managers.

The case manager/compliance officer will monitor probation compliance and assist the DUI offenders in their efforts to eliminate drugs and alcohol from their lives, and may include, if necessary, referral to community services, monitoring substance abuse, random drug testing, addressing family issues, verification of participation in job training, immigration assistance, housing and education. If a client has not fulfilled their obligations, it will be up to the compliance officer and the court to determine why, and also to suggest a different course intended to help the client to comply. The ultimate determination of a response by the court remains with the judge. Sonoma County DUI defense attorneys will have open communication with such case managers and the court, and may help facilitate an appropriate response to certain difficulties.

Click here to see the complete Sonoma County DUI Compliance Court summary memorandum.

Juvenile Offenders

If you are under age 18, special Sonoma County Juvenile Court proceedings may apply to you at the Los Guilicos Juvenile Court in Santa Rosa.

Click here to see a typical Juvenile Court Delinquency Finding and click here to see a typical Sonoma County Juvenile DUI Sentencing Order, which includes 6 months formal probation (including random drug/alcohol testing), 40 hours community service, one-year license suspension, DUI youth classes and approximately a $400 fine.

Although juvenile criminal records may be sealed at age 18 (Sonoma County DUI lawyers would strongly recommend that you complete this process as soon as possible), 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 Sonoma County Superior Court minute/sentencing order from your DUI lawyer, and you wish to review precisely what was ordered by the court, you may appear at the Sonoma County criminal clerk's office at the main courthouse in Santa Rosa 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 Sonoma County court case and can often refresh recollections and clear up misunderstandings of precise resolutions, probation durations, time served, etc...

First DUI Sentences

According to Sonoma DUI lawyers, 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 to one year in jail, nevertheless an informed Sonoma DUI lawyer should tell you that a typical Sonoma County DUI sentence in a case with no prior convictions and no aggravating circumstances, usually results in two days of jail, all of which usually may be served with jail alternatives rather than actual incarceration. Even two days is not required by law, and sometimes a local Santa Rosa DUI lawyer can avoid such a sentence altogether. Your DUI attorney should discuss your specific exposure with you so that you understand the realistic gravity of your unique case.

If your blood alcohol was relatively high (over .15%), or there was any kind of collision in your DUI case, or the district attorney alleges that you refused to provide a sample of your breath or blood after a DUI arrest, or other aggravating factors or charges are present in your case, then you may be at risk for an additional three to ten days of jail or more in any subsequent Sonoma County DUI sentencing hearing. (CVC 23578). An allegation of speeding 20 to 30 mph over the limit (depending on what kind of roadway) coupled with an allegation of reckless driving while over .08 (or .01 if under age 21) exposes you to a potential additional 60 days in county jail. (CVC 23582). DUIs with a minor passenger (under age 14) in the vehicle adds at least 2 days jail and up to ninety! (CVC 23572).

Your Sonoma County DUI lawyer will argue any compelling circumstances in your situation, and any legal weaknesses in the prosecutor's case, with the goal of dismissing your case, or negotiating the charges and penalties in order to reduce or eliminate the jail sentence. Further, time-served jail credits may reduce sentenced jail time; if you were not released immediately after arrest and therefore you spent time in the Sonoma County (or other local) jail, then tell your Santa Rosa DUI attorney how long, and we may be able to obtain credits against any subsequent Sonoma County jail sentence.

Multiple DUI Sentences

If your arrest occurred during a time when you were on probation for a prior DUI conviction (see the "Court Probation" discussion in Tip #6 above), then the best Sonoma DUI lawyers will tell you that you may be at risk for substantially more jail time for a violation of probation (VOP) in that case (theoretically up to six months or more but typically 10-45 added days of jail) at the time of sentencing on the new DUI matter. Although DUI lawyers are laser-focused on keeping you out of jail, a VOP on a recent prior DUI case may invite a district attorney to insist on actual confinement rather than jail alternatives.

If this is your second or higher DUI and you decide you want to acknowledge an alcohol problem in your life, then you may wish to consider jail alternatives such as the new Sonoma County DUI court (see below) or residential treatment (see "Self-Help" resources on the Resources page of this site), not only for confronting abuse or addiction, but also for giving your Sonoma County DUI lawyer an extra tool to try to eliminate or shorten any jail sentence.

Work Release "Volunteer" Community Service

Most counties, including Sonoma, offer "Work Release" or sheriff's alternative work program ("SWAP"), which is a jail alternative to actual incarceration following a DUI conviction, where, instead of actual incarceration behind bars, you are permitted to apply for and perform designated community service with the county in Santa Rosa or elsewhere, under the supervision of the Sheriff's Department or Probation Department. Sonoma County requires DUI offenders to successfully contact the work release program within 10 days of sentencing, or else you may lose the opportunity to perform this sheriff-supervised community service and would be required to turn yourself into jail for actual incarceration. You may call, or report within 10 days of sentencing to the Probation Department in Room 104-J on the first floor of the Sonoma County Superior Court building in the courtyard near the Criminal Clerk's office and just outside the Jury Room hallway.

This program is available in most cases as long as you successfully contact the program within 10 days of sentencing and are accepted into the program. Certain allowances are made for legitimate physical limitations. Ask your Sonoma DUI attorney how a "Light Duty Doctor's Letter" may result in an accommodation and your transfer to a separate volunteer center program rather than the Sheriff's work crew. Certain allegations in your matter or in your past may prevent your being permitted to participate in Sonoma County's work release jail alternative, even after being referred by the court, such as an arrest (not even a conviction) for battery against a significant other, co-habitant, or peace officer, or resisting arrest, or other violent crimes. In such cases, your DUI attorney may be able to help you appeal a denial, or advocate for additional alternatives. Click here for Sonoma County's DUI offender eligibility guidelines and other Work Release Details, and here for Additional Eligibility listings.

Once a DUI offender has been accepted into the work release program, you must be absolutely sure of what is expected of you and how to successfully stay in compliance. If you do not precisely comply with each of the court's sentencing orders, and all of the Work Release program's requirements, including sobriety, and timely contacts and performance, then you may receive a Work Release Termination Notice, a copy of which would be sent to the Sonoma County court, informing you of the termination and a turn-in date to report to Sonoma County Jail to complete the remainder of your sentence in actual custody. If you do not report as directed, then a bench warrant would likely issue for your arrest.

If you receive this notice, or you are informed of an outstanding arrest warrant because of a Work Release termination, or other failure to report, then you would be well-advised to seek the advice and assistance of a Sonoma County DUI lawyer. A Santa Rosa DUI attorney may be able to avoid or recall an arrest warrant and then get you re-referred to a jail alternative, depending on your circumstances, so that you are not required to spend time behind bars in a jail cell following a Sonoma County DUI conviction.

Jail Show and Release

In Sonoma County, typically you can simply report on your "turn-in date" (your Sonoma County DUI attorney should coordinate this date with you to avoid scheduling conflicts; the date will be indicated on your sentencing order) at either the North County Detention Facility (FOR MEN ONLY) by the Santa Rosa Airport (2254 Ordinance Road, last right turn off Airport Blvd before the Sonoma County Airport), or the Main Adult Detention Facility (FOR WOMEN ONLY) next to the Sonoma County courthouse (2777 Ventura Avenue, likely where you were first booked if you were brought to the county jail). Not a guarantee, but nearly everyone is released in a matter of hours if your remaining DUI sentence is four days of jail, or two days of jail, or just one day. This is also called "book, print and release" (for a one-day sentence) or "book and midnight release" (for a two, or four-day sentence). In this scenario, such individuals do not change clothes or see the inside of a cell, but rather they sit quietly in a secure waiting area until released, either very quickly, or immediately after midnight.

Some Real Life Descriptions of How It Works. The most experienced and best Sonoma County DUI lawyers understand this "book and release" policy very well, as it has been the standard operating procedure here for many years. However, clients are often understandably nervous about reporting to jail, so Ryan always asks clients to send descriptions of their experiences for others (like you) to read before deciding whether to take advantage of this nearly universally easy way to get a handful of jail days accomplished without actual cell time.

Real Sonoma DUI Client Accounts of "Book & Release," or "Book & Midnight Release" (oldest to newest):

Example #1 "Book & Release" (Male) first-hand experience related by a first offender with 1 day of jail remaining to serve on a Sonoma County DUI (2-day sentence with one day credit Ryan obtained for this client at sentencing, arguing he already spent time in jail on the night of arrest prior to bailing out, and thus only had one day of jail remaining to serve at the time of turn-in -- only one day to serve enjoys the "book, print & release" procedure): "I did the jail turn-in on 5/29 as instructed. Got there around 6:00 p.m. and mostly sat around reading my book with occasionally being called over for questions (while the deputy filled out forms), fingerprinting and photo. They released me about a quarter to nine (2-1/2 hours later)."

Example #2 "Book & Release" (Male) first-hand experience from a Santa Rosa DUI first offender with a 1 day of jail remaining: "Hi Ryan, I turned myself in to the North County Detention Facility on Friday, and the process went just as you said it would. I checked in around 6:40, and they booked me a few minutes after 7:00. They took my iPhone, but I was allowed to keep my wallet. I was printed and my photo taken, and then I sat in an open waiting area for close to 2 hours. I was released at 8:54 PM. The whole process was as painless as could be. Now I just need to ride out the last two months of my license suspension/restriction and finish paying my fine to Sonoma County. Thanks again for your help in this matter."

Example #3 "Book & Release" (Male) first-hand experience from a Santa Rosa DUI first offender with a 1 day of jail remaining: "Everything went as well as it could. I arrived there at 6:15 and had to wait until around 7 before actually being taken in. I brought a book that they let me bring in with me which really helped pass the time. They held me until around 9:10 at which time I was released. All in all it went well and definitely was the best choice considering my options, thanks for suggesting this to me!"

Example #4 "Book & Release" (Female) first-hand experience (brief voice message Ryan received) from a Santa Rosa DUI first offender with a 1 day of jail remaining: "Hey Ryan, just wanted to give you feedback on the jail processing; it was 45 minutes, in and out."

Example #5 "Book & Midnight Release" (Male) first-hand experience with a Sonoma DUI jail sentence which was supposed to be 4 days including 1 day alread served, but turned out to be 5 days: "Hey Ryan, I just wanted to let you know how my turn in went up at North County Detention last night. I got there 20 before 7. I only brought my ID and they had all my paperwork there. Of course being it is this county of ours, they didn't have my one day credit on file. I was down for 5 days instead of 4. But the lady doing my paper work said I would be a midnight release, so of course I kept my mouth shut and said ok. I got out right at midnight. Everyone else who was there for DUI or traffic violations was a midnight release. The only person who got checked in had a 14 day sentence for driving with a suspended license. So I just wanted to let you know how it went. I served 5 days in 5 hours. Oh and there is no TV or anything to read, so you get the enjoyment of staring at a wall. I will take that over 5 days anytime. Thanks again for all the help, I hope this helps give other clients hope if they decide to turn in instead of doing community service."

Example #6 "Book & Midnight Release" (Male) first-hand experience with 4-day Sonoma DUI jail sentence: "Hi Ryan. Just wanted to touch base with you. Last night I checked myself in to the North County Detention Facility as directed, and they did in fact let me out 1 minute after Midnight. I want to thank you for helping me through this, as I was extremely nervous about the possibility of being kept in jail over the weekend. From the very first meeting we had, you insured me that I would not be going to jail. I hope there's a way that other people can read this so it can help them through the process as well."

Example #7 "Book & Midnight Release" (Female) first-hand experience with 2-day Sonoma DUI jail sentence: "I arrived at Jail slightly nervous and hoping for a simple intake/outtake procedure, similar to what Ryan had prepared me for. He was right in that overall, the experience was pretty painless. You simply show up at 7pm and check yourself in. I waited in the lobby and read my book for 2 hours since it was so crowded and they finally checked me in around 9:30pm that Friday. The only tips I can offer are bring a book for the lobby and some quarters for a locker for your valuables (they cost 50 cents). If you are married make sure you do NOT wear your wedding ring because they will make you take it off and put it in a little envelope that they keep securely up front. I trusted them but it still made me nervous to have to take it off and leave it behind. Thankfully, I got it back upon release with no problems. (They will also take all jewelry and keep it up front so don't wear jewelry). I think Ryan told me this ahead of time but I came straight from work and had forgotten. Once they check you in and pat you down, they will take you back to the jail waiting room. You do not go in a cell and you do not have to change clothes. I was fingerprinted and photographed and sat in a waiting room watching MTV (they had made me put my book and glasses in my locker). Make sure you eat dinner as I got hungry towards the end but overall it is very simple. Just be patient and polite to all the personnel at the jail. I noticed that when people asked too frequently when they were going to get out, the officers became aggravated. Others that had been processed in with me at 7pm were released at midnight but I was released at 1:30am because there was some sort of huge Meth sting earlier that night and it was quite crowded in the waiting room. If you remain calm, polite, and cooperative you'll be fine. As a side note, I heard Ryan's name thrown around a few times in the jail waiting room and only heard positive reports. You are working with a very helpful and experienced lawyer."

Example #8 "Book & Midnight Release" (Female) first-hand experience with 2-day Sonoma DUI jail sentence: "I reported to the Santa Rosa facility by the airport as you suggested at 6:45 p.m. and everyone there was very nice and polite. They already had all my information on file so I only signed one form stating that I could not leave the building until I was released. They informed my friend who drove me that he could not wait with me, but he could return shortly after midnight to pick me up. I put my things in a locker and sat in a waiting area until about 12:15 a.m. and then I went home. All things considered, I've had more stressful evenings at home with my teenager. It seems this is a standard procedure. You were right to warn me against pot or alcohol on my breath; there were 5 guys who came in obviously having been drinking, and they were immediately taken into custody."

Example #9 "Book & Midnight Release" (Female) first-hand experience with 2-day Sonoma DUI jail sentence: "I have never been to jail... and had no idea what to expect. I showed up at 6:45 p.m. on a Friday. There were about 20 people already there in the waiting room. I walked in, went up to the front desk, and gave them my name. They told me to sit and wait. There were people there who had long sentences and people who come every weekend. Those people were called up first. They call up one person at a time to enter this little area and to go through a metal detector (I would recommend to bring quarters to keep your belongings in a locker, or keep them in your car). I was one of the last people to be called into the room on the other side. Everyone who was there for midnight release was called in last. It was really easy, and no big deal whatsoever; they told me ahead of time that I would be released at midnight. I sat in a chair for a couple of hours, in a room with other people all there for the same reason. The officer even brought me a magazine to read. The worst part about it was the extreme boredom. The whole situation was extremely routine. I was released at about 12:05 a.m."

Example #10 "Book & Midnight Release" (Male) first-hand experience with 2-day Sonoma DUI jail sentence: "I arrived at 6:45pm and was told to wait. At first I thought they would keep us in the lobby all night, but eventually they called people one by one to walk through the metal detector. The cop who searched me for weapons kindly informed me I "wasn't going in," which was reassuring. So I sat and read my book until midnight. Make sure you bring a book and a thick sweatshirt to use as a buffer against the awful plastic chairs and walls. Two people went to the wrong jail and had to wait until midnight only to be transported back downtown. Yet another reason to have hired a lawyer... I was released just before 12:15am. I cannot stress the importance of a book enough."

Example #11 "Book & Midnight Release" (Male) first-hand experience with 2-day Sonoma DUI jail sentence: "I was terrified of the possibility of jail time. Unfortunately, my case was pretty open and shut and I was sentenced to two days. I showed up at 6:45 pm, checked in, and was told right away that I would be an "after-midnight release." I sat in waiting room, read a book, and messed with my phone. After an hour, I was called up to verify some facts then told to sit in the same waiting area. 20 minutes after that, I was put through a metal detector. It was kind of like going through airport security. The guards let me keep my book and coat (although, I suggest bringing a heavier coat because it gets cold in there). The room held about 20 guys, and those called into custody already knew the guards from a larger sentence. By 9 pm, there were just seven of us waiting around until after midnight. At around 12:10 am I was called up to collect my belongings, called a cab, and went home. I am glad to have had a lawyer like Ryan walk me through this process because it is a complex process between the DMV and court system. Everything went as well as Ryan said it would. Ryan was professional, courteous, and can explain things simply."

Example #12 "Book & Midnight Release" (Female) first-hand experience with 2-day Sonoma DUI jail sentence: "Well it went as good as turning yourself in could go... It was quite interesting, to say the least there are some CHARACTERS up in the booking area. From one guy singing random songs from the drunk tanks nearby, another beating his arm against the glass & then kicking the door... Trust me it was anything but boring. I also had a group of Gang/Mob wives next to me talking about all sorts of crazy things & when they started taking people upstairs to the cell around 12am, they tried to befriend me thinking I was going in for a while with them. I have never been so grateful to leave a place LOL! They just kept me in booking until around 12:30am. I have never sat in such uncomfortable seats but what can I say it was better than actually being in a jail cell. Thank you for all you have done making this process so unbelievably easier! So next step I get my license … I already have my SR22, already enrolled & attended my first DUI class this past Thursday & it's actually bearable. The teacher is quite hysterical & let's just say unique :)"

Example #13 "Book & Midnight Release" (Female) first-hand experience with 2-day Sonoma DUI jail sentence: "Everything that Ryan arranged for me and all of his instructions I followed to a "T"... I booked myself into the Sonoma County Jail where I was unsure if I would be able to handle the process of being locked up. Fortunately it was just as Ryan explained to me, and it really wasn't that bad of an ordeal. I showed up at 7pm and went in the back for booking at 8:30pm then watched t.v. in a big room with other people who were there to serve time as I was. The sheriff's deputy's were very professional and treated people with respect. It seemed to be pretty busy that Friday night and finally I was released at 12:05am. I am happy to have the jail time behind me and can continue my weekly DUI classes which have not been bad either. I actually look forward to them and will definitely have something to take away from this experience. Thank you Ryan, I would not have been able to navigate this ordeal without your expertise."

Example #14 "Book & Release" (Male) first-hand experience with 4-day Sonoma DUI jail sentence: "I just did my "time" at the North County Detention Center. Ryan told me to check in at 7pm, and I would be released at 12:05. I got there a little early, 6:30, checked in, and was told I was scheduled for Book & Release. The officer said he got off at 10pm, and if my documents came back promptly from the DOJ after fingerprinting, he would release me before the end of his shift. (By the way, after you check in, you cannot go back to your car, or outside at all. It is officially considered an escape attempt. So don't forget to lock your car and bring whatever you need.) I was ushered into the waiting area. The building itself is pleasant, and the waiting area is spare but comfortable. I was allowed to bring a book. The officers were very congenial. At 9pm, after being there only 2 1/2 hours, I was released."

Example #15 "Book & Release" (Male) first-hand experience with 2-day Sonoma DUI jail sentence: "I was serving 1 day of a 2 day sentence with 1 credit for time served the night I was arrested.  I arrived at the detention facility at about 6:30 PM, 30 minutes prior to my booking time.  I was booked in around 7:15 PM and told I was scheduled for "book and release", which was reassuring.  Other folks were told there were scheduled for the "book and midnight release" (probably longer sentences).  For others in my situation, I would recommend arriving about 30 minutes early, as I was the first to check in and the first released, around 9:40 PM.  The room got quite busy later, probably 20 or so folks being booked in.  A little stressful going down to the jail again, but really worked out just fine and exactly as Ryan said.  Bring a book and some warm clothes."

Example #16 "Book & Midnight Release" (Male) first-hand experience with 4-day Sonoma DUI jail sentence: "Hi Ryan, Just a quick story about my turn in for anyone worrying about this experience as I was: I arrived at the North County Detention Facility at about 6:40 pm for a 4 day jail sentence. I was very freaked out about the possibility of spending the weekend in jail, but almost immediately after stepping inside I relaxed. The deputies were very kind and respectful. They asked for my last named and gave me one sheet of paperwork to fill out. It seems they already had all my records from court on file - they didn't ask me for any of the documents I brought with me, not even ID. When I brought the paperwork back up the deputy asked me if I knew about the process I was about to go through. "It's just the book and release?" I nervously asked. He said yes, that I would go through the process of booking and then have to wait until I would be released just after midnight. He said "It usually gets pretty boring around here after 10 because everybody leaves." I waited in the visitor area of a very spacious room with about 15 other guys, and the deputies started calling people to go through the booking process at about 8:30 pm. I was directed to the back of the same spacious room, through a short divider and a metal detector, was processed, and told to sit in one of the chairs and wait. Four of the guys were released at 9:30. I assumed they had shorter sentences than me, maybe a day or 2? The rest of the guys were either transported to another facility or dressed up in jail fatigues and processed into the jail. By 10:30 I was the only one remaining. At about 10:40 a female deputy walked by and asked me if I was bored and wanted a book or something. Another deputy told me he had today's newspaper and asked if I wanted it to read it. I said sure. He said you don't got much else to do except sit here for an hour and a half, and handed me the paper. The atmosphere was very casual. Two deputies were chatting off in another room, one was reading at a desk, another went into an office close by and was watching a movie on the computer. So I sat and read the newspaper until midnight. At 12:01 am I was called to the front of the room, given my belongings and told I was free to go. I walked to the airport which is about 5 minutes away and called my ride home. Overall it was a huge relief that the experience was so surprisingly easy and painless, pretty much from the moment I walked through the facility doors. The thing that I was most anxious about in the days leading up to my turn-in was if the deputies were going to be nasty, unhappy people that wanted to cause me suffering. But actually almost the opposite was true. All of the deputies were polite, courteous, and respectful, and even compassionate (there was a homeless looking guy that was sleeping and took a while to move from his seat, and the deputy was very patient and gentle). Anyways, thanks for setting everything up! "

Although the releases described above, minutes or hours later without actual incarceration in a cell, is the nearly universal experience, still, as with everything in life and law, there is no guarantee in your specific case that you will avoid jail. Ask your Sonoma County DUI lawyer how this process might work for you, and please, if you elect this easy alternative, email Ryan your own account so that other people facing a Sonoma County DUI can gain the same comfort and information as you have.

Electronic Monitoring Program (Home Confinement), Weekends, Other Alternatives

Even if this is your second or higher Sonoma County DUI, or this is your first DUI but additional factors are present so that you are currently exposed to 30 days or more of jail, good Santa Rosa DUI lawyers know that Sonoma County typically allows limited creative solutions to actual incarceration or to minimize the effects of incarceration on home or job. For example, the ankle bracelet (home confinement) and weekends (jail Friday night through Sunday morning) both allow you to go to work during the day and could save your job. Work furlough (work during the day, jail every night) may not be offered any longer due to budget constraints. A secure continuous remote alcohol monitor ("CAM" or "SCRAM") device (the ankle monitors pictured here) added to a 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 Sonoma County DUI lawyer prior to sentencing so that proper details are accomplished to maximize your ability to take advantage of such alternatives. Because of certain minimum jail requirements to qualify for the program, your Santa Rosa DUI attorney actually adding a day of jail to your sentence could be the difference between staying at home in your own neighborhood, or staying in a Santa Rosa jail cell.

Click here for the Sonoma County Sheriff's Electronic Monitoring Program flyer, and here for the Electronic Monitoring Program Sample Application (rev. 2013, still good as of 3/1/18), and here for Typical Added Documentation, and here for Additional Background Information about the program. Depending on the context and manner in which electronic monitoring is obtained by your Santa Rosa DUI attorney, or ordered by the court, the application and monitoring may be done through the Sonoma County Sheriff's office (typically post-sentencing), or by the private company contracted by the county, the BI company (typically pre-trial). Click here to see the pre-trial BI Company CAM Pre-Trial Court Flyer.

(Click here to see an older form (no longer used), but still useful for additional information and context if you are a convicted DUI offender in Sonoma County and interested in the Sheriff's EMP program: Sonoma County Electronic Confinement/Work Furlough Info And Sample Application).

A good Santa Rosa DUI lawyer will inform you that there are important requirements if you are convicted of a Sonoma County DUI and wish to take advantage of this jail alternative: you must be sentenced first before you may apply, there cannot be any warrants or holds, no pending cases, and you must have a permanent residence. Additional common requirements for a DUI offender include an extended turn-in date after sentencing, work schedule verification, dedicated phone line, completely alcohol and drug-free home, and only limited visitors allowed. Additionally there is usually a daily fee. These alternatives are seen as a benefit to both the Sonoma County DUI offender and Sonoma County itself, but are not made available to everyone, and the application process can be lengthy and unreliable, so it is critical to consult with a good Santa Rosa DUI lawyer and start completing the application as soon as possible after any jail sentence is imposed.

Although the county's DUI jail alternative program is only for those who live in Sonoma County, if you do not live here (or sometimes immediately adjacent), then your Santa Rosa DUI attorney should explain that it may still be possible to serve Sonoma DUI jail time in another county with the electronic confinement alternative. Click here for one qualified out-of-county program, The LCA Program, which Sonoma Courts have permitted to provide this service outside Sonoma County for DUI offenders. Typically to be successful obtaining this alternative, one must be directly referred to LCA at the time of sentencing in the Santa Rosa courthouse, and then pre-approved and referred by the Sonoma County probation department using the same application sample above. LCA will provide a Final Report to the court and your Sonoma County DUI lawyer detailing a DUI detainee's performance, costs, office visits, etc. You can also see LCA's client enrollment packet for the electronic monitoring equipment (for both electronic confinement and the SCRAM alcohol monitoring anklet), by clicking here: LCA Enrollment Packet, and you can find more detailed information and rules by clicking here: LCA Electronic Monitoring Handbook.

With respect to pre-trial monitoring, your Sonoma County DUI lawyer should be able to show you examples of successful completion documents from their experience obtaining such jail alternatives for their clients: Click here for an example of BI Successful Completion, and BI Unsuccessful Remand, Reinstallation.

For additional links and information about LCA, BI, work release and other jail alternatives, click on Resources and scroll under "DUI compliance" to the jail alternatives links.

Sonoma County's DUI Specialty Courts

The "Tier 2" Compliance Court ("DUI Court")

Good Sonoma County DUI lawyers will explain to you that in February, 2008, Sonoma County implemented an intensive, treatment-oriented program, modeled after Sonoma County's Drug Court, which effectively delays serving a jail sentence, and upon successful completion contemplates home confinement to satisfy any minimum jail sentence and early termination of your time on probation. The program is a collaboration of the Court, Probation Department, Health Services, the Public Defender's office, the District Attorney's office and local law enforcement.

Sonoma DUI Court is only available for Sonoma arrests, only for Sonoma County residents and only for non-felony cases, with no prior serious felonies and no current parole, and only after any sentence related to any probation violation is completed. Most participants are third offenders.

Sonoma DUI court is a post-plea interim resolution which would typically only be appropriate for eligible multiple offenders after thorough analysis of your present case with a Sonoma County DUI lawyer if you determine that either there are no viable defenses and the requested jail sentence is unacceptable to you because of job and/or family, or you wish to address the adverse effects of alcohol in your life.

Program Details. If you are willing to acknowledge a substance abuse problem and wish to take advantage of this intensive three-phase Santa Rosa program with regular obligations and reviews, bi-weekly therapy, drug and alcohol testing, at least 5 12-step meetings per week, and drinking driver DUI program classes, then, after meaningful review of your case with your Santa Rosa DUI lawyer, you may be referred by the trial court to the next DUI court session (Tuesdays at 2:00 p.m. --you must not be late-- in Santa Rosa Courtroom 15) for a mandatory observation by you. If you are willing, then a no-contest plea and alternate sentence would be entered at the next trial court hearing, and then you would be sent back to the DUI court for a further observation and subsequent preliminary recovery assessment by the judge. After this second observation, you would be interviewed in the following days and assessed by program counselors and staff, and if a satisfactory referral is made, then upon sentencing at the third DUI court session (usually with your Sonoma DUI lawyer) you would commence the program. The stated program length is a minimum of 12 months plus available after-care.

Typical Sentencing Terms. In addition to expected obligations such as twice-monthly counseling sessions, weekly court attendance, and 5 AA meetings per week, good Sonoma DUI lawyers will inform you that the court will typically impose the following additional terms at sentencing:

• 30 days CAM alcohol monitoring anklet at start of DUI court program
• 60 months formal probation (may convert to informal probation following successful completion of DUI court program)
• 120 days jail stayed (delayed) until completion of the one-year DUI court program, with 60 days home confinement at the beginning of the program, and 60 days home confinement at the end of the program (going to work and staying at home is permitted and the best incentive to being compliant and successful in this program)
• No firearms use or possession
• No alcohol use or possession, random drug/alcohol testing, and stay out of places where alcohol is the primary item of sale
• No controlled substances or paraphernalia without a valid prescription (includes ban on medical marijuana)
• Search and seizure rights waived (in order to facilitate enforcement searches regarding alcohol use/possession)
• Ignition interlock device in any vehicle owned or operated
• Habitual traffic offender designation (basically serves as a sentencing enhancement if there are further traffic violations)
• Multiple offender DUI program
• Fines

Program Benefits. Successful completion of the 52 week minimum program length allows a participant to completely avoid time in actual jail custody. In addition, your incentive to participate is this more thoughtful and measured approach for multiple offenders, including access to a lower cost, structured, and local Santa Rosa treatment program designed to transition you to a healthy and stable life, and early probation termination.

You should discuss all of the details with your Santa Rosa DUI lawyer. Click here to see the Summary Sonoma County DUI Court Brochure, and here for the complete Sonoma County DUI Court Participant Handbook. If you believe this program is right for you, then you should also view the obligations contained in the Conditions of Probation, and the DUI Court Agreement.

The "Tier 1" Compliance Court [Unfunded/Suspended Program as of July 2012]

In December, 2009, Sonoma County DUI lawyers watched as our courts introduced a new layer of informal probation-type oversight for all second and third DUI offenders. This program has been discontinued for new offenders as of 6/2012 until additional funding is obtained, but the information is provided below for background and context.

In addition to the existing DUI court (described in the next section below), a new segment was added, referred to as the DUI oversight court. Under this new system, second and third DUI offenders are referred to this compliance court. These offenders are referred to a compliance officer/case manager, and required to attend another court session two months following their sentencing (court hearings are on the second Wednesday of each month), and again at the six month mark and finally at the one year mark. The court may order that the defendant not attend the second or third hearings. Residents who live in distant counties, and out of state residents, may participate by telephone.

The Case Manager. Sentenced offenders will contact the Orenda Center compliance office and be required to meet with one of two case managers from the Sonoma County Alcohol And Other Drug Services Program ("AODS") to come up with an action/treatment plan to address (and facilitate/ensure) compliance with the original sentencing court's orders, such as enrollment and attendance in the DUI program, AA meetings, installation of the scram anklet, ignition interlock devices, jail, work release or home confinement, etc. Participants provide proof of such compliance to their case managers.

The case manager/compliance officer will monitor probation compliance and assist the DUI offenders in their efforts to eliminate drugs and alcohol from their lives, and may include, if necessary, referral to community services, monitoring substance abuse, random drug testing, addressing family issues, verification of participation in job training, immigration assistance, housing and education. If a client has not fulfilled their obligations, it will be up to the compliance officer and the court to determine why, and also to suggest a different course intended to help the client to comply. The ultimate determination of a response by the court remains with the judge. Defense attorneys will have open communication with such case managers and the court, and may help facilitate an appropriate response to certain difficulties.

Click here to see the complete Sonoma County DUI Compliance Court summary memorandum. More information, including necessary documents and maps, etc, may be found on the Resources page of this site under DUI Compliance>DUI Court.

Important: Please be aware that these and other jail alternatives, specialty courts such as Sonoma County's "DUI Court," and other DUI programs available in Sonoma County, are subject to frequent changes in rules and procedures due to constant policy review and budgetary changes. Be sure to discuss current requirements and program availability and details with a knowledgeable Sonoma County DUI attorney prior to committing to, or rejecting participation in any court program.

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 Santa Rosa attorney.

Practical Considerations. Sonoma 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 Sonoma 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 Santa Rosa 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 Sonoma County DUI incident or violation of probation in Santa Rosa Superior Court. In addition, certain rehabilitation may save a career. Factors such as the passage of time, successful completion of Sonoma 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 Sonoma 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 see also, Reporting Form

DMV Occupational Licenses (Salespersons, Dealers, Driving Schools)

Doctors, and 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), and see generally, Reporting Form

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

Peace Corps, and More on Peace Corps

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 Sonoma County DUI or other conviction in the Santa Rosa 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 Sonoma DUI present special situations which require information you receive from military counsel, union representative, or your commander, and coordination of strategy with your Sonoma 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 Sonoma 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 Sonoma 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 Santa Rosa 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 Sonoma 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 Sonoma 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 Sonoma County DUI case is resolved without conditions (in other words, without continuing probation). Sometimes a letter or other proof of need to resolve your Sonoma County case without probation terms may help your Santa Rosa 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 Santa Rosa 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 Sonoma County DUI or failure to win the related Santa Rosa 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 Sonoma County Superior Court. See our further Sonoma DUI Lawyer discussion about commercial DUI suspensions, restricted licenses, and Getting Your License Back. Discuss your specific case with a Sonoma County DUI Attorney.

Employer Pull Notice ("EPN") Program

The best Sonoma DUI lawyers can explain that, as authorized 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, or consenting employees driving company vehicles in a variety of industries, 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 and related pending suspensions.

A Santa Rosa 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 Sonoma 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 (as evidences by the pink temporary license and later replacement temporary license) 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 by clicking here on the 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 Sonoma 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 Santa Rosa 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 Sonoma 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 Santa Rosa 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 Sonoma 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 Sonoma County DUI attorney about your unique situation.

Public Information, Internet & Mug Shots

Court Records. Santa Rosa 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 Sonoma 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, here for the Mendocino Sheriff Daily Booking Reports (including mugshots), here 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 Santa Rosa Police, Petaluma Police, Sebastopol Police, Rohnert Park Police, and Sonoma 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, Sonoma 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 Santa Rosa 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 Sonoma County DUI attorney about your unique situation.

The best Sonoma 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

Sonoma 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 Sonoma County courthouse in Santa Rosa, 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 Sonoma 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 Sonoma 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, Sonoma 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 Sonoma County judge. You can find AA and NA locations in Santa Rosa and Sonoma County by clicking here: Local AA Meetings, and then select the Sonoma County link. Likewise, you can find Narcotics Anonymous ("NA") meetings by clicking here: Local NA Meetings, and then select the Sonoma County link. Discuss your individual circumstances with your Santa Rosa DUI attorney.

Sonoma DUI Lawyer Tip: There are many different kinds of AA and NA meetings in Sonoma 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.

Santa Rosa 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 Sonoma 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 Santa Rosa 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 Santa Rosa 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, Nurses in Recovery, International Lawyers in Alcoholics Anonymous, 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 Sonoma 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 Sonoma 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." You may wish to inquire with your Sonoma DUI attorney if these alternative meetings might accomplish the same goals in a DUI court case.

Alcohol Monitoring Bracelet. Experienced local Santa Rosa DUI attorneys are well aware that Sonoma County judges are increasingly ordering an alcohol monitoring bracelet for the defendant who appears in court on a new case with one or more prior DUI convictions, even when bail has been posted already, but especially where bail has not yet been posted. An alcohol monitoring bracelet utilizes transdermal technology in an ankle-worn device that senses alcohol consumption through the presence of alcohol eliminated from the body through the skin. Good Sonoma County DUI attorneys understand that, at the very beginning of a DUI case, judges and district attorneys always assume charges and allegations are true for purposes of determining bail and pre-trial conditions of continued release (as opposed to incarceration during a case).

Pre-trial orders to have this device affixed are a common solution for judges, and district attorneys who request this device, to gain some reassurance that a defendant is not "out of control" and will not be a continuing danger to the public while a new DUI case is in the process of being challenged or resolved during the criminal court process. The official local Sonoma County provider is BI Incorporated. Defendants who live outside Sonoma may contact or be ordered to Leaders in Community Alternatives (LCA). Defendants who wish to impress a court with a serious demonstration of new understandings and new commitment to sobriety may want to discuss with a Sonoma DUI lawyer the advisability of voluntarily affixing this device before it is ordered, especially if there are multiple prior convictions, recent priors, alleged collision, high alcohol levels, or alleged refusal to give a chemical test, or if bail was not posted at the time of arrest and there is a desire to try to avoid paying additional money to stay out of custody. If you have this device affixed, be sure to tell the provider the name of your Santa Rosa DUI lawyer so that proper proof may be transmitted and used for your benefit in court.

Meetings & Alcohol Monitoring Device May be Ordered Anyway. These and other pre-trial orders may be made at the first court appearance anyway (see Example of Supervised Release Orders), but the best Sonoma DUI attorneys will tell you that demonstration of early voluntary sobriety efforts just might make a difference at the end of the day if your case resolves with a conviction, as well as during the case itself, particularly at the very beginning if the judge is concerned with bail status and any aggravating factors in your matter.

Outpatient Treatment. Arrestees with high alcohol levels and/or multiple prior DUIs 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 beyond the self-help meetings and alcohol monitoring bracelet discussed above, such as Campobello Outpatient, Azure Acres Outpatient Kaiser Outpatient, or residential rehab to avoid increased penalties, imposition of bail, or being jailed during the court proceedings if there are no obvious defenses in your DUI case. Click here to see a Sample DAAC Participation Letter for use by your Santa Rosa DUI attorney in court, and Sample DAAC Outpatient Handbook, or click here for a Sample Kaiser Scheduling Commitment. Click here for a Sample Campobello Outpatient Brochure (private agency). Day-for-day jail credits can often be obtained for controlled residential treatment accomplished prior to sentencing.

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 Sonoma County and other North Bay out-patient and residential rehab services, talk to your Sonoma County DUI lawyer about such self-help efforts, and also look at relevant links under "DUI Compliance" to view other Santa Rosa and Sonoma County drug and alcohol programs. You may also click on Ease The Consequences on this site and go to Jail Alternatives for a detailed description of Sonoma County's new "DUI Court" intensive one year out-patient jail alternative. 

Under 21 Sobriety and Employment or School

If you are under age 21 and you are facing an alcohol or drug-related offense, you may wish to consider attending a meaningful number of Youth-Oriented AA Meetings in Sonoma County (at least 3 per week -- click to see flyer, or click in next section below for all AA meeting schedules) to address sobriety in your life and to give your Sonoma County DUI lawyer a better chance to resolve your case without serious implications to your future. You may also consider attending Pacific Seminar's 4-Hour Substance Abuse Program at the Santa Rosa Junior College. There are no guarantees, but these types of initial and immediate efforts will make you stand out as someone making an effort, and might make a huge difference later. If you decide to try this approach, be sure to get each meeting signed off on an AA Attendance Proof Sheet (or proof of other kinds of self-help program participation) to give to your Santa Rosa DUI attorney.

If you are under age 21 and this is your first alcohol-related driving case, and if there are no viable defenses in this matter, then you may ultimately qualify for restricted driving privileges rather than the one-year suspension you are now facing. If you and your Sonoma DUI attorney can adequately show the Sacramento DMV that public transportation in your area of Sonoma County is not sufficient to accomplish your transport to and from work or school, then you may be eligible. Therefore you may wish to start considering your school and/or employment options. Click here to browse local college classes at Sonoma State University, and Santa Rosa Junior College, and Empire College.

You may also wish to consider applying for a building trades apprenticeship. Click here for a directory of available apprenticeship programs by county and occupation on the California Department of Industrial Relations website, or click here for a 2008 list of available North Bay Area Apprenticeship Programs, including contact information. Some Apprenticeship Programs are available in Santa Rosa and surrounding Napa and Sonoma counties, such as cement masons, electricians, operating engineers, plumbers & refer mechanics, and sound & communication; click here for the Building Trades Apprenticeship Website, or here for the California Tooling and Machining Apprenticeship Association. Another viable option may be Santa Rosa's Redwood Empire Beauty College, or click here for information on the Culinary Institute of America St. Helena campus.

To get this restricted license, you must be able to demonstrate that alternate and public transportation are inadequate to travel to work and/or school, and, although Sonoma County transit is actually adequate in many areas (click here for Sonoma County Transit Schedules), you may qualify for a restricted license if you live in outlying areas of Sonoma such as the Russian River, Bodega, Occidental or Sea Ranch, or even more rural areas where public transportation is remote or nonexistent and a combination of work and school requirements may necessitate your continued driving following a DUI arrest and conviction.

Click on Ten Tips To Get Your License Back for a more complete explanation of obtaining a restricted license, including a copy of the DMV application and why hiring a local Sonoma County DUI lawyer may be extremely helpful.

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Expunge a Sonoma DUIWhat 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 Sonoma County, and as long as you are not on probation in any other case, you may ask your Sonoma County DUI attorney to file an expungement petition in Santa Rosa 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 Sonoma 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 Sonoma 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 Sonoma 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 Santa Rosa DUI attorney will tell you that an expungement of a Sonoma 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 Sonoma 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 Santa Rosa judge may accomplish this in certain cases). Finally, a good Sonoma DUI lawyer should caution you that a Sonoma 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 Sonoma 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 Sonoma 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, Sonoma 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 Santa Rosa 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 Sonoma County DUI expungement; it is well worth a reasonable fee for a Sonoma 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 Sonoma DUIs, see our Sonoma 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 Sonoma County criminal court clerk's office.

Fill out an official expungement form; click on the links below and fill out the forms online, print them and send them together with your docket(s) to a Santa Rosa 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 Sonoma 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 Sonoma 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 Sonoma 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 Sonoma 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

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

Sonoma DUI Lawyers Understand How DUI Expungements are Different. You know you have the right Sonoma 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 Santa Rosa 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 Sonoma 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. Sonoma 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 Sonoma 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 Sonoma DUI attorney to process, and once submitted, another 12-15 weeks or more for Sonoma County courts to review and approve. Click here for the fillable 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 Sonoma County DUI conviction obtained as a juvenile (arrested while under 18 years old), might not have been automatically sealed after reaching 18 years old, but such conviction records can, and should 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. Santa Rosa DUI lawyers have seen new Sonoma County DUI cases with significantly increased penalty exposure due to past juvenile Sonoma County DUIs and under-21 DUIs which were never sealed. For more information about sealing a Sonoma County DUI suffered as a juvenile, or sealing other juvenile offenses, contact the Sonoma County Juvenile Court, and see a general description on the Official California Courts website, Sealing Juvenile Records. Discuss your unique case with a Sonoma DUI attorney before deciding on a course of action.