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Survive A DUI

How to get through getting a DUI - both mentally, and legally.

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A (somewhat) DIY Expungement

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.

Guest Post: Preparing for Court -  Surviving your DUI Court date

Max Frizalone of the Frizwoods Group reached out to me and offered some insights on how to prepare for court. Personally one of the big advantages of hiring a lawyer was having to avoid all this (although in my case they messed it up), but since some people opt not to hire one, or are in a position to where they may have to appear, I thought this would be a valuable article. - Tom


Preparing for Court -  Surviving your DUI Court date


If you are required to appear in court, especially as a defendant in a DUI case, you must dress and behave appropriately. Although this seems simple for lawyers, attire can be a point of stress for many Defendants. I’ve written this article as a day-of-court guide for anyone who might be unfamiliar with what to wear for their case. The basic rule of thumb is dress to impress.

In other words, you must present yourself in a way that makes the best possible impression on the judge, the prosecution, and the jury (if applicable). All of these people will have an impact on the outcome of your case, and they will—rightly or wrongly—judge you based on your appearance and behavior in court. 

Therefore, understanding how to present yourself in court is a must if you want to increase your odds of a successful outcome in your criminal case. In this article, we discuss how to prepare for court for a DUI case. 

The Science of First Impressions


Studies have shown that a person forms a first impression of another person within seconds of meeting. According to research in the field of neuroscience, the human tendency to judge others based on first impressions is hard-wired into our brains. In other words, it is our natural instinct as human beings to make snap judgments about others.

 So, it’s easy to see how this can affect you as a criminal defendant in court. Judges, juries, and prosecutors are driven by the same human instincts as everyone else, and their first impressions of you can have a huge impact on the outcome of your case. Therefore, as a criminal defendant, it is imperative that you do everything you can to make an excellent first impression when appearing in court. As unfair as it may seem, your appearance and behavior in court can have a huge effect on the outcome of your case. 

What to Wear


The first thing that the judge, prosecutor, and jury will notice about you when you enter the courtroom is your appearance. Therefore, you must dress in a manner that makes a great impression on the people who will have an impact on your case. For men, best practices would be to wear:
  • A clean suit or a sport coat and dress pants
  • Conservative dress shoes 
  • Matching dress socks
  • A solid-colored shirt with a collar
  • A solid-colored tie.

And for women, appropriate dress in court means:

  • A dress blouse
  • A professional skirt or dress pants 
  • Conservative dress shoes, such as low-heel pumps or flats
These outfits are just recommendations. In the post modern world of 2022, I do not presume to tell someone they must wear a certain outfit, or need to dress according to their gender. Similarly, a Judge won’t necessarily admit to treating someone different based on their dress. And honestly, I truly believe that they wouldn’t do so consciously. Having said that, the subconscious isn’t well understood but is generally accepted to drive some of our decision making. I try not to leave things to chance, so dressing for business is a safe bet. 

 In my career as a Public servant (on both sides of a Court room) I have seen nearly every bad outfit that a person can wear to Court. Everything from F@!* the Police shirts, to shirts that are barely there. I can honestly say that those people were taken less seriously. In a room where your credibility might be the difference between jail and a probation, it’s important to play it safe. 

Additional Attire Tips



Don’t dress casually:


As noted above, you shouldn’t dress casually in court. Court is a business-like environment. If you dress casually, the people who will affect the outcome of your case may assume that you aren’t taking the matter seriously, and this isn’t a good thing. No matter what you think about the criminal charges against you, you must demonstrate that you are respectful of the legal process—and this starts with your appearance.

Avoid flashy or overly formal clothing:


Although you shouldn’t dress casually in court, you also should avoid wearing flashy or overly formal clothing, as this may also paint you in a bad light. For example, court isn’t the place to wear a tuxedo or evening gown. In addition, you should avoid clothes with bright colors or flashy patterns. 

Avoid anything controversial:


Finally, you should avoid wearing clothing that may be seen as controversial, such as clothes that display political or social statements. You have no way of knowing how the judge, prosecutor, or jury may react to such statements, so it is best to avoid them altogether. 

Grooming Tips


In addition to wearing the proper clothing to court, you should ensure that you are well-groomed and present a neat, clean, appearance. This includes:  
  • Styling your hair in a conservative, neat fashion
  • Avoiding wet, dirty, or messy hair. You don’t want to look like you’ve just woken up. 
  • Scheduling a haircut one or two weeks before your court date.
  • Keeping your nails neat, clean, and trimmed
  • For women, using neutral or conservative nail polish
  • For men, being clean-shaven or having a neatly trimmed beard.

Cover Tattoos and Non-Traditional Piercings

Tattoos and piercings are widespread and common today. Unfortunately, despite their prevalence, negative connotations associated with tattoos and certain types of piercings still exist, especially in areas that tend to be more socially conservative. 

And although this certainly isn’t true across the board, many judges and jurors hold traditional views on tattoos and piercings. Therefore, you should err on the side of caution when it comes to displaying your tattoos and body piercings in court. In other words, if possible, you should cover your tattoos and remove all non-traditional piercings before appearing in the courtroom. 

Unfortunately there are certain tattoos that cannot be easily covered. I have personally been involved in cases with facial tattoos that were covered by makeup. While it was challenging, it was important to attempt to cover these tattoos based on the subconscious negative associations that jurors and judges might hold against a client or witness.

Although, as a criminal defendant, you probably won’t have the opportunity to speak often in court (your attorney will likely encourage you to exercise your constitutional right to remain silent), when you do have a chance to speak, you should do so respectfully. For example, when dealing directly with the judge in your case, you should use a respectful tone of voice and always address him or her as “your honor.” In addition, you should avoid using slang terminology and other language that may give the judge and jury the impression you aren’t taking the legal process seriously.  

There are certain points in every case where I discuss having my client give an impact statement before their sentence (if they are found guilty). I always ask my clients to prepare the statement in advance as it is necessary to make a few edits. Additionally, I always ask my clients not to criticize the State’s case, unless we’ve lost a contested trial. There’s nothing worse then entering a guilty plea and then arguing with the Judge that you weren’t guilty, or the police lied. If those things are in fact true, then it would be best to hash it out at a trial. 

Presenting yourself in an appropriate manner while in court is a necessary component of a solid defense. However, there is much more to successfully fighting DUI charges than simply looking nice and behaving respectfully. To give yourself the best chance of success in your criminal case, you need an experienced criminal defense attorney on your side. Look to an attorney's reputation in the community and speak with them before paying any money. 

Best of luck with your Court date, you’re going to be A-O-K.

New Year, New Laws - 2021

(Hey there, everyone - I first sent this post out via my newsletter - feel free to sign up for more updates like this. - Tom)

Hello, Happy New Year! Hope this one is treating you well.

2020 was a rough one for sure. What's nice about it is, when things hit the bottom, the only place they can go is up. That was my experience getting a DUI, and that's the attitude I'm taking with me into 2021. We'll see how long it lasts.

Changing Laws


The first day of January usually involves a lot of changing laws, more often than not bringing the hammer down on DUI offenders harder, but that wasn't the case this year. As legislatures were unable to meet or otherwise occupied by the pandemic, DUI offenders weren't in the crosshairs for once. A nice feeling.

Instead the theme of this year's new laws: Justice Reform.

After the George Floyd incident and protests the tide shifted in this country, whether you agree with those sentiments towards police or not, and legislators acted in response (it was an election year, after all).

(Again standard legal disclaimer here: I'm not a lawyer, and I'm definitely not your lawyer, any analysis of this is me just trying to piece things together from the news/bills and I don't know the full ins-and-outs of how all this goes down. I'm giving you my best idea, however)

Arizona


Legalized recreational marijuana - can still get a DUI-Drugs.

California


AB 3234 - Allows misdemeanor DUIs to become eligible for diversion. Once diversion is completed, the crime doesn't stick to your record.

I haven't gotten into the nuts-and-bolts of this one (these types of programs aren't laid out beforehand), but I'm guessing it's a lot like other programs - fines, probation, meetings - a lot of what you already do when convicted - and they seal your record automatically once it's done. No longer does a non-expunged DUI hang over your head for ten years. I'm guessing it'll still be prior-able since they love to be able to still stick it to you when they have a chance, and it'll stay on your DMV record so you're not getting a break on insurance.

That said - it's a great step forward. A DUI doesn't need to ruin somebody's life, it needs to teach them a lesson. Most of us have learned ours from the feeling of seeing police lights in the rearview.

The big caveat of this: It won't apply to a DUI you already have. If you've been convicted you'll still have to apply for an expungement the old fashioned way.

AB 1076 - Under this law, the state will automatically clear records for arrests that did not result in conviction after the statute of limitations has passed, and those around probation and jail once the sentence is completed.

This goes hand-in-hand nicely with the other law - if you don't receive diversion (it's up to the judge) and get convicted as you would have prior, your records will be sealed as if you got an expungement. This saves you the time and money of the process (which was difficult for me, and I plan to write about soon).

It's also nice to see a clearing of the arrest that doesn't lead to convictions - a lot of people think that if they get off then everything is fine, but an arrest still shows up on your record. That will no longer be the case.

However, like before, this only applies to arrests/and convictions after Jan 1, 2021.

Prop 17 - If your previous DUI was a felony, you may be eligible to regain your right to vote (it's insane that we take away voting rights like this in the first place).

Montana


Legalized recreational marijuana - can still get a DUI-Drugs.

New Hampshire


Commercial truck drivers - or anyone driving a vehicle weighting 10,001 lbs or more, will automatically have their DWI upgraded to an Aggravated DWI, which carries a larger fine (up to $750 from $500, but don't think that's what you'll be paying) and a mandatory minimum of 17 days in jail (12 days will be suspended if the driver submits to a substance use disorder evaluation). Additionally, those commercial drivers who refuse to submit to a breathalyzer will have their commercial license suspended immediately instead of having that little bit of wiggle time before it was suspended.

Harsh. Commercial drivers used to be subject to the same laws as ordinary drivers, but no longer.

New Jersey


Legalized recreational marijuana - can still get a DUI-Drugs.

Pennsylvania


A "Move Over" law was enacted - if an emergency vehicle is at the side of the road, you need to move over a lane away from them or slow down to 20 MPH under the speed limit. Give them some space or police will have a reasonable cause to pull you over.

South Dakota


Legalized recreational marijuana - can still get a DUI-Drugs.

Virginia


As of 1/1/21 - You can't drive while holding a cell phone. Only related to DUIs because it gives a reasonable cause to pull somebody over.

Traveling


Tangentially related to DUI issues is the Real ID card - it was supposed to be required to fly this previous years, but in interest of keeping DMVs less crowded and/or closed, they delayed it until October. You'll need a Real ID compliant license to step on an airplane. So, if your license was suspended you'll either need to use a Passport, or get a Real ID state ID card to get on board. If you are getting a new license after suspension, be sure to get a Real ID compliant license. If you've just gotten one, then you either need a passport or have to go through the renewal process/fee again.


These are all the ones related/semi-related to drinking and driving that I could find. Has your state issued one I missed? Let me know!

Tom.

Guest Post: Ways to Challenge Breathalyzer 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.

Protip: Check and Double Check

Today was an interesting day.

Went down to the courthouse to pay my fine. My deadline is coming up and I wanted to get it out of the way. Most of my time was spent arguing how to do it - should I drive there and park or should I take the train and not worry about parking? How long is this going to take? Should I go early or wait till after the lunch rush?

Most of that wasn't the issue (I walked right up to one of the clerks)

However - I came to find that not all of my paperwork had been filed. The clerk informed me that neither my DMV certificate nor my MADD certificate had been filed. I was shocked! I had taken care of these things more than 9 months ago!

I called my lawyer's office - my lawyer was no longer part of the firm. I explained to them what was going on and within ten minutes they had everything sorted out and a person to go down to the courthouse tomorrow or Monday to file everything.

A few lessons learned:

  1. Don't wait - The longer you wait, the more chances that something will change, something will go wrong, some mistake will be made. The sooner you take care of stuff, the sooner you're not worrying about it, and the more time you have to correct things if they go wrong.

  1. Check and Double Check - Last Spring I biked over to my lawyer's office (I was on full suspension) and turned in my documents. I assumed that he would turn them in to the court in the next few days or so. No real worry. But he hadn't. Either he was waiting for me to drop off the check to pay my fine, or left the firm shortly thereafter (No idea when he left). But my documents had not been filed. It was a mistake to assume that they were.

This is a tough process, I know. And it's no fun, and it's a lot of hassle. But being early, and thorough will save you a lot of headache. If I had gone in at the last moment, I could've had a longer probation, more fines, or worse.

Get it done early, and double check.

Paying the Price: The Fine (and alternatives to paying the fine)

The minimum fine for a DUI in Los Angeles County is $390. Most likely if you plead out, and/or had no priors, this should be about what you were given in your sentencing.

So, naturally, when you get your documentation you receive a “Compliance of Fine Payment/Cashier Slip” detailing your fine and the various “court costs” associated with your case.

With court costs your $390 fine comes out to be around $2000.

Huh? How’d that happen?

When you think “court costs” you think that you’re being charged for the administrative system, much like the costs associated with getting your driver’s license or getting a permit to do construction. This is not the case.

Instead, the court costs are little fees that they tack on to every conviction to use it as a source of income. Some of this does go to cover Judge’s salaries and the infrastructure of the building, but most of it is used to make up budget shortfalls caused by the public electing to lower taxes (or voting in officials who lower taxes). Lower taxes, higher fines.

The biggest part of the fine is the “Penalty Assessment”. This is assessed on all criminal fines, not just DUI fines. Get a speeding ticket - it’ll be on there.

Originally in the 1950s the rate of the Penalty Assessment was $1 for ever $20 of your fine. Mine was a little over $30 for every $10 of my penalty.

Additionally, there’s a “Penalty Assessment DNA” which funds DNA identification programs supposedly. Mine was around 1/3rd of my original penalty.

Believe me, how these rates are determined and what the money goes to is incredibly hard to research. For any rate I find online I do the math on my penalties and they don’t quite add up. Some are more, some are less. There’s not much you can do about this, but it would be nice to have some transparency during this part of the process. Alas, that’s not what they want.

The math of the form is difficult to add up - some numbers are listed, giving you a balance for them, but are supposedly included in the base fine - but that doesn’t mean they’re additional listings. If the fine that you agreed to from the court was $390, they’ll list the base fine as $320. Then you have items RESTDUI ($20 - no idea why it’s separate or what it’s for) and LABSVCS ($50 - believe this to be them charging you to use the station breathalyzer) claiming to be part of the base fine, but listed separately. It’s all designed to confuse you.

Trying to research this piece, I hit a lot of dead ends, and can’t find answers. I was charged $75 for PBHEALTH which states that it has a maximum of $100. What determines why mine was $75?

I asked my lawyer about it. He told me not to worry too much about it. He’d looked it over and it was in line with what the others looked like.

I guess you can worry too much about this sort of thing. Fighting any part of it would be an extreme uphill battle.

Alternate Options (and why they’re no good)


On your sentencing form you’ll see a part that says that you will pay a fine or “in default thereof serve ___ additional days in County jail, consecutive, or perform ___ days of community labor”. Some people’s brain starts turning when they see this - with jails and prisons overcrowding you can often serve at 3:1 ratios (meaning you get credit for 3 days when you serve only 1), and sometimes even get 4:1.

Might it be worth it to give up a weekend or two to save a couple of grand? It seems kind of tempting.

Unfortunately, like most of the bright ideas you come up with to get out of things, it doesn’t work like that.

Serving jail time or doing community labor (which has it’s own difficulties, overcrowding means that you can’t serve that day instead of getting more credit for less) only counts against the base penalty of your fine. The court costs will still be there. In that case, a day in jail only counts for about $35.

Not worth it. (in my opinion)

Additionally, some people try to get house arrest to either pay the fine, or count as their probation (more on that later), which isn’t ideal either - then you have to serve out the full time, no ratios. So 15 days means 15 days (plus the fees for the monitoring bracelet add on, so it’s just a losing proposition).

How to Pay


For once, something in this whole process is simple. If you head down to the clerk’s office, you can pay with cash or a money order, which I expected, but, they’ll even take a personal check and some will even take a credit card.

If you have a check or money order, you can either give it to your lawyer or mail it to the county clerk’s office. If you want to pay cash or with a credit card, you have to go down there. Some places allow you to do this online, but, sadly, Los Angeles is not yet one of them. As with any civil service, expect to wait in line for a while to do a three minute procedure. Be sure to have your documents with you, as they need a lot of information to process your payment.

Payment can be done in a lump sum, or installments if you don’t have the resources. As long as the court is getting something, they’re willing to work with you.

It stings. It certainly does. But, once you’ve paid, you’re closer to getting this behind you.