Hey everyone, Tom here - and it's me actually writing the article for once! I’ve been meaning to write this for a while, but haven’t gotten around to it, my apologies. The truth of the matter is that once you do your classes, pay your fines, and live out your probation, your DUI goes away. It’s not hanging over your head, it’s not weighing on your shoulders, it’s not on the top of your mind all the time. For many of you going through it right now I know it doesn’t seem that way, but I promise you, it doesn’t.

Before we get into things - let me just be clear and reference the Disclaimer on the site and reiterate - I am not a lawyer, I have no legal training, and none of this is legal advice. This is a story of how I did things… I didn't know what I was doing and I had a little bit of guidance. Still, I think it's important to tell the story of how I mostly did my own expungement to showcase how it can be done. A previous post "Guest Post: How Often are DUI cases expunged in California" helped me to think I could take on the task myself, and gave me reassurance that expungement could be granted.

Additionally, every county is going to be different - this will apply to Los Angeles county, however there should be information on your county's website about which forms are needed.

“Expungement”

It had been over 3 years since my DUI and I wanted to move on with my life. I had learned a lot from the process, I had grown, I was in a different position in my life. But still, I was worried about it haunting me - I needed to move soon, and I was worried that my conviction would make any prospective landlord say no to me. I was worried that when I was applying to new jobs that I would have to disclose it and they would turn me down for the job. It’s a cruel way to live - I had “done the time”, I paid off every penny I owed, I had done everything they asked me to, not made a single mistake since, and still, I was under threat of being punished further, that my mistakes would hang over me for the rest of my life.

I wanted to move on.

Fortunately CA offers a chance for us to move past our mistakes. They don’t offer a “true” expungement (which would be clearing out the whole thing top to bottom) but they offer one that’s close enough to where it doesn’t matter - Your plea of “Guilty” or “No Contest” or finding of guilt is withdrawn, a please of “Not Guilty” is entered, and your case is dismissed and can no longer be used on background checks. It’s still in the system that you were arrested, but now any time you are asked about a conviction you can fill out “no” and be correct. It doesn’t apply to filing state certifications, the FBI file on you, Watson Murder Laws, you’re still prior-able for any further DUI you receive, it doesn’t apply to the DMV side of things, but… it’s something. In most cases it will be enough to make it so that your DUI doesn’t further hinder your life.

To be eligible you must have completed probation, and paid any fines and fees you owe to the state.

When first discussing representation with my attorneys back when this all started, a few tried to tempt me into hiring them by offering me a “discount” on a later expungement, or a motion to reduce probation. Even with this discount both were very expensive and I wasn’t in a great place financially. I had to find other options. Could I possibly do this myself? I started researching and started gathering the resources to get the process started.

Forms, lots of forms.

There’s a surprising amount of legal resources online provided by the government - The state has a guide where you can look up your conviction and see your eligibility, as well as guide you on how to expunge your record. More importantly they also host the two forms that are needed - CR-180 - the petition for dismissal, and CR-181 - the judge’s order to dismiss. The first one I filled out my court information at the top, then indicated which type of infraction I was convicted under and that I had done my probation, if it was terminated early I would've checked the box for that - but mine wasn't so I didn't, and that I should be “granted relief in the interest of justice”. It’s a lofty term, it feels like you’re asking them to clear up your case because you intend to become some sort of supercop, but really you’re asking them to be fair to you - you did everything you had to, you’re not dealing with another case, let me free. The companion document, CR-181, is basically the same court information and then setting everything up for a judge to check a box based on their decision and sign it. It’s basically making things easier on them, which is always a good thing.
Then comes the declaration - I could've written it in the space on CR-180, but there's not a lot of room to create a compelling argument. I decided to use a little bit more space, and I could have used either form MC-031 or deleted the first page of this pleading paper and written it according to legal practices - every line meeting up with a number on the side, numbering paragraphs, titling the document (on line 1), numbering the pages at the bottom above the footer (below line 28, and centered on the page) and filling in the information of what the document is at the bottom (Declaration in Support of Petition Under P.C. 1203.4, 1203.4a and/or P.C. 17(b)(3))

With the declaration I did what I’ve done this whole time - express remorse, regret, take responsibility for what I’ve done, and express how much better I've become, and how much I want to continue to be better. I wrote from the heart, writing about how awful this has been and how I never want to do it again. I let them know my pain, and how I absolutely never want to do this again. I also included how getting this expungement would help me achieve my goals in life and be a better person. It’s finally a chance for you to express all the things you’ve felt, all the please to God that you’ve made, with a chance that somebody will hear them, and help you. It feels good.

A Little Help

This is all a very technical process - and I didn’t know any of it. There’s a certain amount that you can do and learn on your own, but as with all of this process, it helps to get guidance from the professionals. There’s organizations dedicated to helping people get out from under the shadow of their conviction - namely Continuing Justice however, I managed to find a lawyer on social media who was willing to give me a little guidance, and it helped a lot. I never would’ve known all the rules about a pleading document without them. If you get confused there’s plenty of non-profit resources that you can look into.

Filing

This is where things get a little bit tricky and technical. It’s one of those “this is a reason why lawyers and legal clerks have jobs” sort of thing. Doing this by mail required me to have a Proof of Service form with the documents - form POS-030 - with this I couldn't turn the documents in by dropping them off, it must be via mail. There’s an additional hitch to this - I couldn't serve the documents since I am involved in the case. I had to get somebody else involved - it could've been anybody who isn’t involved in the case - a spouse, parent, child, friend, priest, grocer, neighbor, stranger you met in the street, anybody who isn’t me. I went with a friend who had gone through a similar situation that I was comfortable talking about it, but I did consider just making a Craigslist post and seeing if somebody would do it for $5.

My information was at the top of the POS (the branch name will be the court where my case was), and I filled in what documents will be sent and the name and address of whoever is being served - which was going to be either be the DA’s office, the City Attorney office, or whichever other office prosecuted me (I didn't know), and my friend helping me filled in their name, address, date, and their signature.

Then I made two packets:

The first is for the court - I sent in (in this order) a CR-180, Declaration, CR-181, Proof of service, all paper clipped together. You're not supposed to staple them, I'm told they hate that. I also included a second CR-180, and declaration paper clipped together. I put the two paper clipped packets in an envelope and addressed it to the clerk’s office of the court that my case was in.

The second packet is for the prosecution - you have to let them know that you’re doing this, too. It was either the District Attorney or the City Attorney, I tried the DA first. Their packet was a CR-180, Declaration, and Proof of Service all paper clipped together. They only need one copy, so that was all I put in an envelope addressed to them.

Then I met with my friend who was serving (mailing) these papers, had them fill out their name, address, date, and signature on both Proofs of Service, and then signed and dated my CR-180 and my declaration. Sealed the envelopes, stamped them, and gave them to my friend to send off.

Trial and Error

Like everything, this isn’t the easiest process. There’s some unknowns. I initially sent mine to the District Attorney’s office and it came back with a letter saying the wrong party was served. I resubmitted the packet (still via my friend, but now with a new POS) to the City Attorney, and this time it took. Sometimes this is going to happen and even the lawyer who was advising me wasn’t able to tell who to submit to until it came back rejected. Don’t worry. It’s a common thing and it came back with a letter explaining why it was rejected. One of the very few times that the government was helpful during this whole ordeal.

Additionally, it was good to know that I didn't only have one chance to apply for an expungement. While expungement is somewhat common in DUI cases, things happen and they can be rejected. If you get rejected they should tell you why, and you can always take another crack at it, you just have to wait six months.

Results

After a few times of submitting, waiting, getting my forms back, having them bounce back and figure it all out I got a letter saying that everything was submitted and would be reviewed. A month later I got my judgement: The court granted my request and dismissed my case.

It was a long time coming but it was finally over - all the pain, all the money, all the hassle… I’d finally overcome it. It was an extremely joyous moment, one of the very few in this process.

It was all behind me. Officially.

From submitting the final accepted packet to getting my judgement was just about two months. Two months is all it took to be free.

Travel

The number one question that comes with an expungement - can you go to Canada? Because Canada has different DUI laws that make even the most minor DUI a felony, they’ve historically been strict on allowing DUI offenders into their country. However, now that I’m no longer convicted of a DUI, would I be ok to go?

I haven’t traveled myself, but every indication seems to be yes. There’s several anecdotal examples of people getting in, and this website seems to suggest the same. They say it’s a good idea to have a copy of your dismissal paperwork with you, which isn’t a bad idea. Ultimately, still, it’s up to the border officer you encounter, but seems like most recognize a CA expungement. Canada focuses on convictions… with this expungement… you weren’t convicted. Just wait a little bit for the database to get updated.

Automatic Expungement

AB 1076 was passed a little while back and has made a world of difference to a lot of people - it allows minor convictions to become automatically expunged after a certain amount of time. The reasoning makes a lot of sense - a lot of people don’t know they’re eligible for the expungement, plus the burden of the costs and research involved is unfair. Since this became law millions have already had their past convictions of shoplifting or other minor, non violent crimes be cleared from their record, allowing them to move on with their lives.

Will it work in your case? I’m not so sure.

First off, the law only applies to people who have been arrested after Jan 1st, 2021 - which means that most, if not all, people who received DUIs since then would still be on probation and not eligible for the automatic expungement yet.

The other problem is I’m not completely sure if DUIs are covered under the law. There’s part that’s carved out to call to the vehicle code, but I don’t quite understand it. Like I’ve always said, I’m not a lawyer. Researching this hasn’t lead me to any sort of definitive this will or this win’t expunge a DUI.

Afterwards

I often explain to people, like I did at the beginning of this post, that once you get to a certain point you don't think about your DUI, and it's almost as if it never happened… This is what I mean. Since the day I received the judgement, I've been free. I've certainly learned my lesson to never want to go through this whole ordeal again, but now I have a feeling that I've "made up" for what I did.

It can happen to you, too.

Tags: Blog, Court, Dismissal, dui, expungement, law, Penalties, Probation

Hey everyone!

Took some time this week to pop open the hood of the site and do some much-needed work on the site. A new look, cleaned up some typos, made everything look the same… Should work a LOT better on mobile now. Did a little learning of how this all works - if anything is not quite working, just let me know.

Also - if you were just in love with the old site, don't worry, I kept an old version here: Survive A DUI: Classic.

Hope everyone is staying safe and out of trouble!

Tags: Smartphone, Social media, Blog, Surviveadui

Mothers Against Drunk Driving… Who could argue against that? We all agree that drinking and driving is awful… what kind of awful person would go against this organization?

Well, after this whole experience… probably you.

One of the odder requirements the court has for you is to attend a MADD Victim Impact Panel (MADD VIP class).

I cannot, for the life of me, think of another instance where somebody who is sentenced for a crime has to go to a specific lobbyist organization and give money to them. Even if you’re sentenced to a rehabilitation program you don’t have to join AA, you can join AlAnon or other options that align with your views (such as one of those swanky $10,000/month outpatient treatments).

But with a DUI you’re forced to give MADD $50. There’s no other options.

I’m not here to say that MADD is a bad or even misguided organization (there’s plenty of criticism against them here) but I will say they’ve had an overly large effect on this nation’s laws (they’re responsible for tying Federal highway funds to the .08 limit) and that requiring somebody to go to their class and pay for it seems like a kickback to me.

But who’s to say?

The Victim Impact Panel

The class you’re required to is, honestly, another waste of your time. It’s about two hours of family members describing how wonderful a loved one of theirs was, and how they lost their life, or suffered great injury, due to a drunk driver. It’s supposed to put a face to all the pain and suffering that could’ve happened due to your actions. I suppose it may be helpful to some - but with your DUI classes you’re forced to go to, you have plenty of people telling similar stories, and before too long you become completely numb to them. Perhaps it is different for people to see a person who was affected, but I’d heard enough stories at this point. I got it. I understood.

It’s an uncomfortable event and it’s best to just put your head down and get it over with. The important thing is to pre-register for the class (you really don’t want to show up and for it to be full so that you have to go again), and to show up on time. DO NOT BE LATE. BE EARLY. PLAN FOR MISERABLE PARKING. If you’re late you may not be allowed in, and your pre-payment will not transfer to your new time. When I went they did not allow pre-payments and you had to get a money order to attend. Ridiculous. Now they allow credit cards for pre-registrations, but if you decide to show up you need a money order. It feels that we should be past being unable to take forms of payment in this day and age, especially for something you’re forced to do, but apparently not.

Get there early, check in (bring whatever you’re using as an ID), and then get comfy. Bathroom breaks are regimented so that people don’t hide out there. Don’t sleep, don’t be on your phone. If the people running it feel that you are not paying adequate attention they can refuse to honor your attendance. Be awake, pay attention, don’t chance it. It’s long, but not the longest thing in the world. Get through it. Clap when everybody else does. Look miserable (ok, that part is not hard). The best trick I can tell you: sit in the first three or four rows. They usually get out earlier since everybody tries to sit in the back or middle. Be a good student.

Once your lecture is over, you’ll be dismissed by rows, sent to a single file line where you’ll be greeted by every speaker, who is sure to give you a look like you’re a complete jerk. It’s a humiliating process, and that’s what they want it to be. Look them back, say “sorry for your loss” or “thank you for sharing”, be polite, be gracious. It’s almost over.

They’ll then lead you to a person who you’ll give your name and show your ID to again. Then they will ask you to make a donation - you've already paid $50 and an evening for this, so I declined. If you feel it was worth more, then do what you will. I can't imagine paying on top of this, however.

Then the big moment comes: They give you your completion certificate. Hold on to this with your life. If you lose it they might make you take it again. Or they might make you pay $25. Depends on how “generous” the MADD branch is. Either way, it’s very valuable. Take a picture of it. You’ll then either give it to your lawyer to file, or turn it in to the court yourself. Get a receipt.

It’s a ridiculous event they make you attend, and I do not know how much it helps anything. It’s absurd to force people to patronize a specific organization, and unbelievable that they’d make you go to something to shame you.

But there’s no choice.

Get it over with, get it out the way, and move on. Turn the paper in, check off the box.

You’re one step closer to being free of this.

Tags: dui classes, Madd, Mothers against drunk driving, viP, victim, victim impact panel

On Probation

Hi everyone. Been a while, I know. Truth of the matter is that once you’re sentenced, you’ve done your classes, gotten rid of your interlock, got your license back, life continues where you left off. Sure, your insurance is still high, but there’s an end in sight.

You might not believe this, but there comes a time when you hardly even think about your DUI.

It’s a good feeling. It’s a weird feeling.

Probation in CA lasts for three years. Throughout my journey with the DUI I kept getting different answers as to when it started. In my final assessment, my DUI class instructor told me that it started from the date of arrest. That made me feel better. It did not turn out to be the case. You’re on probation as soon as you get arrested, but it doesn’t count towards your probation. Would’ve been nice if it did, but, alas, it’s just how things go.

My lawyer told me it would start from the day I was sentenced. This seemed to make sense, but this, too, wasn’t quite the case. One day a few weeks ago, I decided to call up the DMV and double check (always a good idea) to make sure that my probation had passed like it should have. It did. Just my last day of probation was a month and a half later than I had calculated.

No idea why, and there’s really nothing I could’ve done about it. Can you imagine calling the DMV, “Hi, while I didn’t violate my probation, can you retroactively make my probation have ended earlier?”

If I had to do it again, which I’m trying my damnedest not to, I would’ve gotten my lawyer or called myself to find a definitive date that my probation was over. Would’ve had a small little celebration to myself when midnight ticked over on the clock when it happened (not drinking and driving, of course).

The probation you go on for your first DUI (and possibly others) is called “Summary Probation”, which basically means “don’t fuck up or we’ll throw the book at you”. There’s no expensive probation officer, which is probably the first time they let you not have another fee they could charge you. No PO, no checking in, nothing like that. Just don’t mess up.

Additionally you can't refuse a field sobriety test, and your odds of getting picked at a DUI checkpoint raise if they're checking plates (although I cruised through two, sober, without being tested).

So what is messing up?

Some people believe it’s committing any crime, but that’s not quite it. My lawyer told me that he had somebody arrested for shoplifting while on DUI probation and the court didn’t care, didn’t consider it a violation. (Update: I have been told in other states that this will trigger a violation, so best to keep clean as a whistle) While this blog does not condone shoplifting or any other crimes in any way whatsoever, you should know what scrutiny you’re under.

This probation deals with alcohol and driving - basically you can’t get caught with even a drop of alcohol in your blood when you’re driving or else you’ll face some consequences (and remember, you can't refuse a test). The common thing to say is that it’s another DUI even if you’re at .0001, but that’s not true either. They can only give you a DUI if you’re over .08 (.05 now in some places), otherwise it’s “just” a probation violation, which means more school, more money paid, more probation. If you’re above .08 you get a DUI on top of that. Not good.

Other traffic infractions are fine. This I can verify personally - I did receive a parking ticket, and an out-of-state speeding ticket (14 over on the highway, bullshit speed trap), and neither affected my probation or caused any additional consequences (and yes, I was sweating bullets when pulled over on that highway and very worried about if this counts as a violation. Next rest stop I did a lot of googling until I calmed down enough to continue on my trip.)

Any sort of aggravated driving, road rage, that sort of thing takes you into the “maybe” territory. It’s all up to a judge and the system, and by this point you know how it goes. If they can, they usually will. You might catch a break, probably not, depends on a lot of things out of your control, and how you handle yourself around them. Bottom line: I wouldn’t depend on anything.

Your Summary Probation basically comes down to two tenets:

1. Don’t drink and drive
2. Don’t be an asshole.

Seems easy enough. But three years is a long, long time. It gets harder and harder the longer you are from your DUI. Drinks after work, wine with a meal, beer at a ballgame. The temptations are everywhere. And if you’re like me, and haven’t quit drinking, you’ll eventually indulge yourself.

“A beer or two won’t hurt, not like I’m getting drunk, not like that night”

And then you wait a little bit, don’t get ‘one more for the road’, call it early.

And then you get in your car, and you head home. With just a little bit in your system. Nothing too bad, just a little bit.

And then a cop gets behind you.

And then you start sweating, worrying. Praying that your tail light is working, making sure your seat belt is fastened tight.

And the cop keeps following you, and you start worrying if he is playing games with you, you’re worrying that he somehow knows that you’re in violation.

You turn off the radio, you pay the best attention you can, and then eventually the cop turns down another road, and you let out a big sigh of relief.

Then two weeks later your friend asks you to happy hour.

And you start to sweat again, and think about what could happen.

This is what it’s like. It’s easy in that you don’t really have to do anything except not mess up. It’s hard in that our society practically pushes people to drink and drive. Odds are you’re reading this because you went to a social function, or did something that we’re told is how you relax. You felt fine because we don’t teach people how alcohol affects the body and it’s impossible to “feel” what your BAC level is. We make fun of people who use breathalyzers, and everyone condemns drinking and driving but nearly everyone does it.

You’re going to find yourself in a lot of situations where you will be tempted to violate your probation. I suggest knowing your BAC by using a portable breathalyzer, or taking an Uber or Lyft.

Looking over your shoulder for cops all the time sucks.

Some lawyers will offer you a service to where they can reduce your probation, usually take off the third year. I didn’t go for this, they wanted a thousand dollars for it, and I’d spent enough. Instead, I went through the whole thing. The theory is they cite your fulfilling all your commitments and use your two years (one and a half in some cases) of not violating probation as evidence that you won’t violate it for the next. Works some times, doesn’t work others. I decided to stick it out, a thousand dollars buys a lot of Lyfts, and I can refuse one last round and wait it out.

And so I did.

And now I’m free.

Reader, I can’t tell you how good it feels to be free of the system to come this far. Now I just have to get past the 3-year anniversary of finalizing my suspension to get my insurance rates to fall to normal and then… it’s all behind me.

The journey is long, and it’s hard, but just take it one step at a time, and you can get through it. It costs a lot, and it takes up a lot of time, but you can get through it.

You can Survive a DUI.

Tags: Alcohol, Breathalyzer, Checkpoint, dui, dui classes, dui industrial complex, enhanced penalties, fine, law, lawyers, Probation, Penalties, Police, Sobriety Test

I received an email via my contact page from John Adam, who wanted to wanted to give some perspective on how to challenge the Breathalyzer test. Interesting stuff - Tom

The use of breath to determine the blood alcohol level of a person is the most popular scientific method in DUI cases. There are many cases, when the wrong Breathalyzer tests cause the person, under suspicion of driving while drinking, face DUI charges. Breathalyzer results are inaccurate because of certain problems with calibrations or if there is an untrained police officer using the device.

The prosecuting party has to prove in the court that the defendant's BAC was at or above the legal limit. In a few states, it is .10% while in others it is .08%. When the person is wrongfully charged on the basis of defective Breathalyzer tests, the defendant needs a DUI attorney to challenge the Breathalyzer test in court.

The Burden of Proof in Challenging the Results:

Under the wrongful DUI charges, the defendant must prove that these charges are invalid for the conviction. This is possible when the attorney convinces the court that there is a lack of strength in evidence or it is insufficient to convict the accused. The defense team may focus on the witness statement and evidence without having the burden of proof. When the defense refutes the proof and demonstrates that the prosecution has not strengthened in the case, this may help in dismissing the
charges.

Use of Breathalyzer:

There are many cases when the Breathalyzer is not used properly. The police officer uses the device inaccurately given improper maintenance, training or calibration, which gives the inaccurate results. When the prosecuting party has Breathalyzer results as the only evidence, by only refuting this proof it becomes easy as well as effective to defend the person from the conviction. However, in this case, the defense team needs the help of an expert in these devices or understands well the proper calibration to give accurate results.

Training of the Police Officer:

In many cases, the police officer who pulls over the driver on suspicion of being under the influence of drug or alcohol, may not be properly trained to conduct a Breathalyzer test or use the device. The device cannot provide the results if the officer does not use it accurately. There are certain rules for this such as observing the driver for twenty minutes to determine whether the results are accurate or not. Moreover, the office is supposed to check the intestinal health of the accused or alcohol in the mouth.

Calibration:

Breathalyzers have settings as well as calibrations that need regular maintenance and understanding. In case the officer in charge is unaware of how to set the device and keeps it maintained, the device can produce the wrong results.

Few devices need to be repaired and parts replaced. In case of lack of knowledge about taking care of the device, there will be inaccurate results leading to wrong DUI charges. Not only one, but all or most of the arrest will be affected.

Challenging the Results Varies According to the Case:

In addition to the above-mentioned ways, there are other ways to challenge the Breathalyzer tests. For instance, the accused may have a special condition that could lead to the retention of the alcohol in his or her system that brings wrong results. This is another effective to challenge the results and refute the charges completely.

Other factors involved, the environmental temperature and pressure in the atmosphere, and the chemical composition of the person taking the test. This refers to the emotional stress and physical activity, hyperventilating, heavy breathing due to anxiousness.

Given these several factors, the results are inaccurately measured. This is the reason few of the DUI cases involve expert witness who gives the testimony about the inaccuracy of the device with incorrect results. The DUI attorney must present the valid argument based upon these facts and evidence.

Final Word:

The defendant needs the support of the lawyer to challenge the Breathalyzer tests, as the attorney is skilled in dealing with such cases and will guide according to the given circumstances.

Tags: Breathalyzer, law, Court, lawyers, Guest post, Alcohol, Dismissal, Police

Adding an FAQ section to the site, hoping to clear up a lot of the myths, rumors, and misconceptions about the DUI process.

What are your questions? What false ideas did you have? What did you wish you had known?

I'll try to answer everything I can. Please send me an email and I'll try to answer.

Thanks,
Tom