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Author Topic: DUI and getting a Bar License  (Read 2493 times)

gerulz04

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DUI and getting a Bar License
« on: September 20, 2011, 07:50:41 PM »
Need some insight.

The summer between my 2L and 3L year I was arrested for a Misdemeanor DUI in CA. I will probably be convicted. I am going to take the CA Bar. I do not have a history of alcohol problems, never been arrested before, don't even have so much as a speeding ticket, besides this my record is clean and this was an isolated incident. I was taking out a couple of buddies who are in the Navy and just got back from deployment. I know a DUI is not a crime of moral turpitude, but I have a feeling that getting my license to practice may be rejected or delayed due to do the recentness my DUI.

Does anyone know of similar situations and the outcomes? Or does anyone know how I should proceed?

DaRaiders

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Re: DUI and getting a Bar License
« Reply #1 on: September 22, 2011, 10:55:45 AM »
Regarding your question on how to proceed, the answer is disclose it when you file your C&F application. If you filed a C&F application during 1L, then you will have to amend your application.

As far as how the committee will respond, I canít say. I had one that occurred over 10 years ago. As required, I disclosed it and provided all relevant information on my applications (NY and IL). In both states, I cleared C&F without any problems or delays.

wjo9522

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Re: DUI and getting a Bar License
« Reply #2 on: September 22, 2011, 12:27:12 PM »
I can't say how to proceed, but the tone of your message seems to be one which avoids ownership of the issue.  With respect to you and your Navy buddies, a stellar record of not getting caught abusing alcohol by a competent authority does not render this DUI an "isolated incident".   Rarely does someone get caught on the first time ('I swear officer') that they make the decision to operate a motor vehicle while under the influence of debilitating substances.  The fact that you were in Law School when you got the DUI does not resonate well.

I have always found that owning up to your faults and facing the consequences of your actions is best.  In your argument for why you think you should be 'okay' includes premises such as "my Navy buddies just returned from deployment; I have never done this before; this is an isolated incident." The conclusion that you will somehow be vindicated can only be false. 

The criminal courts may give you a bye, but I don't believe that the California State Bar will give you a pass on moral character; especially when you don't accept full responsibility.
William J. Orr
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US Marine Corps-Active
1993-2015
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justanothersucker

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Re: DUI and getting a Bar License
« Reply #3 on: September 22, 2011, 02:36:06 PM »
The biggest issue will not be the DUI itself but the fact that it happened as a lawstudent(3L no less)

If it happened ten years prior to lawschool and you went to AA and saved a drowning baby, etc,etc, you'd be fine.

Doing it while 2/3 of the way through lawschool(probably already haven taken ethics, for sure taken crimlaw and crimpro)
Prepare for an uphill battle.

You can win it, but it will for sure be YOU who has the burden of proof. That is for sure.

justanothersucker

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Re: DUI and getting a Bar License
« Reply #4 on: September 22, 2011, 02:41:40 PM »
Need some insight.

I know a DUI is not a crime of moral turpitude, Does anyone know of similar situations and the outcomes? Or does anyone know how I should proceed?

Yeah you "need some insight" how do you figure that risking people's lives in NOT a crime of moral turpitude. It shows that you'd rather have fun than let others live. I know narcasism is high in the legal field, but WTF man? Try that line on (anyone who is not a drunk themselves) and see how well it goes with the judge, prosocuter, law bar, etc.

In your mind if you had killed someone it would be different than if you had been twice as drunk and everyone lived. In the mind of the ethic board it is the Mens Rea than matters the most. You don't seem to get that.

Let's put it this way, cops didn't pull you over to say Hi and oops do you need a breathmint? No, you drove F'd up. They pulled you over because you were a threat to your fellow man and to society at large while behind the wheel of the vehicle.

Focus on that. You need to prove to them that you understand that, or you are F'd untill you do.