Guest Post: 4 Tips to Help You Survive the DUI Process
(Mark Berry contacted me with some additional perspectives on how best to get through this process. If you'd like to contribute to this blog, please feel free to contact me! - Tom)
Getting a DUI charge (OMVI, OVI, DWI or related offense) today has probably triggered a range of troubling emotions including anger and self-criticism. These are normal responses. This blog addresses your emotional response by guiding you to create meaningful actions ahead. You need to take action if you or your loved one is charged with a DUI offense.
Talk To Emotional Support Specialists to Understand Your Responses
We suggest finding a mental health professional when you experience emotional challenges that are hard to manage. Your journey following a DUI can be easier with preventive mental health care and early self-care approaches. Different people experience the aftermath of a DUI differently. People who struggle more feel different about their experience based on how bad the event was. These factors might include:
Here are some strategies you can try to help manage stress and anxious feelings…
Search DUI state laws at the location of the incident first to understand your rights. You will face distinct methods from both the prosecutor and judge during the proceedings.
Consider Hiring an Attorney
Our recommendation is to hire a respected attorney even when you plan to plead guilty. You can choose to have your personal lawyer represent you. The system will provide you with a public defender when you do not have your own lawyer to represent you. Lawyers exist to represent their clients properly instead of attempting charge reduction. They represent your rights to protect you during legal proceedings. During your crucial case period you must select a professional DUI defense attorney instead of seeking budget options from generalists or family connections.
Make Time for Self-Reflection
The stress of this situation can cause us to make bad rapid choices. Take a moment to process what you learn from your attorney chats and internet research before making important decisions.
Take A Proactive Stance Toward Your Offense
Let your attorney be your defense in court. Most defense lawyers will arrange for you to undergo substance abuse testing soon after your arrest before your initial court appearance. Getting tested for alcohol and drug use problems can help your legal situation. Judges tend to treat you as a responsible member of society with minimal risk when your alcohol and drug assessment reveals no disorder.
Sum Up!
Take a moment to evaluate driving your vehicle while your blood contains alcohol. Trust me, it blows to not be able to drive. You will get through it. When situations get hard remember you can overcome any difficulties.
People with new DUI charges should recognize their mistake and start developing better habits. As parents we only have one option to consider in these cases. Our best action now is to concentrate on tomorrow rather than regretting yesterday.
Getting a DUI charge (OMVI, OVI, DWI or related offense) today has probably triggered a range of troubling emotions including anger and self-criticism. These are normal responses. This blog addresses your emotional response by guiding you to create meaningful actions ahead. You need to take action if you or your loved one is charged with a DUI offense.
Talk To Emotional Support Specialists to Understand Your Responses
We suggest finding a mental health professional when you experience emotional challenges that are hard to manage. Your journey following a DUI can be easier with preventive mental health care and early self-care approaches. Different people experience the aftermath of a DUI differently. People who struggle more feel different about their experience based on how bad the event was. These factors might include:
- The arresting officer’s demeanor
- Whether or not there was an accident and/or injuries
- How much public or professional exposure the DUI charge is causing you
- Whether you spent some time in jail Just by taking the time to analyze your current position you will build stability for accepting future obstacles.
Here are some strategies you can try to help manage stress and anxious feelings…
Search DUI state laws at the location of the incident first to understand your rights. You will face distinct methods from both the prosecutor and judge during the proceedings.
Consider Hiring an Attorney
Our recommendation is to hire a respected attorney even when you plan to plead guilty. You can choose to have your personal lawyer represent you. The system will provide you with a public defender when you do not have your own lawyer to represent you. Lawyers exist to represent their clients properly instead of attempting charge reduction. They represent your rights to protect you during legal proceedings. During your crucial case period you must select a professional DUI defense attorney instead of seeking budget options from generalists or family connections.
Make Time for Self-Reflection
The stress of this situation can cause us to make bad rapid choices. Take a moment to process what you learn from your attorney chats and internet research before making important decisions.
Take A Proactive Stance Toward Your Offense
Let your attorney be your defense in court. Most defense lawyers will arrange for you to undergo substance abuse testing soon after your arrest before your initial court appearance. Getting tested for alcohol and drug use problems can help your legal situation. Judges tend to treat you as a responsible member of society with minimal risk when your alcohol and drug assessment reveals no disorder.
Sum Up!
Take a moment to evaluate driving your vehicle while your blood contains alcohol. Trust me, it blows to not be able to drive. You will get through it. When situations get hard remember you can overcome any difficulties.
People with new DUI charges should recognize their mistake and start developing better habits. As parents we only have one option to consider in these cases. Our best action now is to concentrate on tomorrow rather than regretting yesterday.
Guest Post: Reclaiming Your Life: Positive Mindset and Support Systems in Addiction Recovery
07/ 15 / 24 Filed in: DUI Life | Guest post
(Jason Lewis is back to offer up another persective on advancing your life throughout this ordeal. Addiction is a topic that hasn't really been discussed on the blog due to it being on the more extreme end of circumstances leading to a DUI. However, it's an important topic that should be discussed. If you think you need help, please reach out to an organization like Alcoholics Anonymous, or other local resources. You're not alone in this. As always, you can get through this. - Tom)
(Image via Freepik)
Embarking on the journey of recovery from addiction is a profound commitment to self-improvement and resilience. It's about more than breaking free from harmful habits; it's a complete transformation of how you live, think, and interact with the world.
This Survive A DUI guide offers practical advice and effective strategies to help you regain control, cultivate new passions, and sustain your progress. With dedication and the right approach, you can turn the page and start a new, fulfilling chapter in your life.
Immersing yourself in new interests or hobbies is crucial for filling the void left by addiction. Engage in activities that challenge your creativity and intellect, be it painting, coding, or hiking. Such activities distract from cravings and foster a sense of accomplishment.
Joining clubs or groups related to your new hobbies can expand your social circle, offering support and friendship during your recovery journey. The goal is to build an engaging life that you won’t want to give up for anything.
If starting a new career is part of your plan to get your life on track, consider earning a degree online. Opting for a psychology degree allows you to understand the cognitive and affective processes that influence human behavior, empowering you to assist those in need.
Online degree programs offer the flexibility to work full-time while you continue your education. This setup ensures you can manage your professional responsibilities alongside your academic pursuits efficiently. Click for more detailed information on available programs and enrollment options.
Moments of overwhelm during recovery are not uncommon. Developing a toolkit of relaxation strategies can be your safety net. Techniques such as deep breathing, progressive muscle relaxation, or mindfulness meditation can significantly reduce stress and anxiety.
Establish a daily routine to practice these techniques, making them your go-to methods during trying times. By prioritizing relaxation, you reinforce your recovery and maintain your composure, ready to face any challenge with a calm mind.
Rebuilding your physical health is a cornerstone of recovery. Start by overhauling your diet: focus on nutritious foods that fuel your body and mind. Regular exercise, from yoga to weight training, improves health and boosts your mood and energy levels, making it easier to avoid relapse.
Create a manageable routine that respects your body’s limits as it heals. Celebrate each milestone in your health journey, as each step forward is a testament to your resilience.
Maintaining a positive outlook is vital for enduring the ups and downs of recovery. Reflect on your journey and acknowledge every success, no matter how small. Positive thinking isn’t about ignoring the challenges—it’s about embracing the possibility of a better tomorrow.
Surround yourself with inspirations (e.g., books, music, people) reinforcing your commitment to recovery. A positive mindset will not only help you overcome difficulties but will also attract others who can provide encouragement and support.
No one should navigate the path of recovery alone. Lean on friends, family, and support groups to share your struggles and victories. These relationships provide comfort and perspective, reminding you you’re not isolated in your challenges.
Encourage open communication with your loved ones about how they can best support you. Their understanding and encouragement can be powerful catalysts for staying committed to your recovery journey.
Recovery marks your bold stride toward a brighter future, shaped by your strength and dreams. By engaging in new hobbies, practicing relaxation techniques, pursuing educational goals, focusing on physical health, maintaining a positive outlook, and leaning on your support network, you arm yourself with essential tools for enduring success.
Each day offers you the opportunity to strengthen these habits and build your resilience. As you embrace these practices, you gradually advance toward the fulfilling life you aim to create. Remember that your journey through recovery transcends mere survival; it's about thriving and flourishing. Harness these strategies to navigate your path and celebrate each step forward in your transformation.
If you enjoyed this article, you can find more helpful content at SurviveADUI.com!
(Image via Freepik)
Embarking on the journey of recovery from addiction is a profound commitment to self-improvement and resilience. It's about more than breaking free from harmful habits; it's a complete transformation of how you live, think, and interact with the world.
This Survive A DUI guide offers practical advice and effective strategies to help you regain control, cultivate new passions, and sustain your progress. With dedication and the right approach, you can turn the page and start a new, fulfilling chapter in your life.
Discover New Interests
Immersing yourself in new interests or hobbies is crucial for filling the void left by addiction. Engage in activities that challenge your creativity and intellect, be it painting, coding, or hiking. Such activities distract from cravings and foster a sense of accomplishment.
Joining clubs or groups related to your new hobbies can expand your social circle, offering support and friendship during your recovery journey. The goal is to build an engaging life that you won’t want to give up for anything.
Advancing Your Career
If starting a new career is part of your plan to get your life on track, consider earning a degree online. Opting for a psychology degree allows you to understand the cognitive and affective processes that influence human behavior, empowering you to assist those in need.
Online degree programs offer the flexibility to work full-time while you continue your education. This setup ensures you can manage your professional responsibilities alongside your academic pursuits efficiently. Click for more detailed information on available programs and enrollment options.
Mastering Mindfulness and Calm
Moments of overwhelm during recovery are not uncommon. Developing a toolkit of relaxation strategies can be your safety net. Techniques such as deep breathing, progressive muscle relaxation, or mindfulness meditation can significantly reduce stress and anxiety.
Establish a daily routine to practice these techniques, making them your go-to methods during trying times. By prioritizing relaxation, you reinforce your recovery and maintain your composure, ready to face any challenge with a calm mind.
Rejuvenate Through Nutrition and Fitness
Rebuilding your physical health is a cornerstone of recovery. Start by overhauling your diet: focus on nutritious foods that fuel your body and mind. Regular exercise, from yoga to weight training, improves health and boosts your mood and energy levels, making it easier to avoid relapse.
Create a manageable routine that respects your body’s limits as it heals. Celebrate each milestone in your health journey, as each step forward is a testament to your resilience.
Cultivating Optimism in Recovery
Maintaining a positive outlook is vital for enduring the ups and downs of recovery. Reflect on your journey and acknowledge every success, no matter how small. Positive thinking isn’t about ignoring the challenges—it’s about embracing the possibility of a better tomorrow.
Surround yourself with inspirations (e.g., books, music, people) reinforcing your commitment to recovery. A positive mindset will not only help you overcome difficulties but will also attract others who can provide encouragement and support.
Building a Support Network
No one should navigate the path of recovery alone. Lean on friends, family, and support groups to share your struggles and victories. These relationships provide comfort and perspective, reminding you you’re not isolated in your challenges.
Encourage open communication with your loved ones about how they can best support you. Their understanding and encouragement can be powerful catalysts for staying committed to your recovery journey.
The Bottom Line
Recovery marks your bold stride toward a brighter future, shaped by your strength and dreams. By engaging in new hobbies, practicing relaxation techniques, pursuing educational goals, focusing on physical health, maintaining a positive outlook, and leaning on your support network, you arm yourself with essential tools for enduring success.
Each day offers you the opportunity to strengthen these habits and build your resilience. As you embrace these practices, you gradually advance toward the fulfilling life you aim to create. Remember that your journey through recovery transcends mere survival; it's about thriving and flourishing. Harness these strategies to navigate your path and celebrate each step forward in your transformation.
If you enjoyed this article, you can find more helpful content at SurviveADUI.com!
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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: Starting Over with a New Zip Code: Rebooting Your Life
11/ 09 / 23 Filed in: DUI
Image via Pexels(Jason Lewis reached out to me via the contact form and offered up his unique take on the issues at hand for people dealing with DUIs… I've only really heard of people saying things in the pit of despair when they've just been arrested and feel so awful. I've never heard of anyone actually packing up their life and moving away, but then again, why would I have? If they've packed up and run away, they've just disappeared! It's interesting to think about. Sometimes change is good. - Tom)
Starting fresh in a new city after going through a challenging period like getting a DUI can feel like a daunting task. Yet, it also holds the promise of new beginnings, a clean slate, and the chance to redefine who you are. This article from Survive A DUI offers a roadmap for navigating this transformative experience, ensuring that you not only survive but also thrive in your new environment.
Prioritize Mental Health
First and foremost, look after your mental health. If you're emerging from a dark place, professional help such as therapy or counseling can be instrumental. Alongside this, establish daily self-care routines, including skincare, reading, or whatever makes you feel good. Practices like mindfulness and meditation can also help anchor you in the present moment, providing much-needed stability.
Find a Place to Live
When relocating to a new city, one of the most significant tasks is finding a suitable place to live. An effective strategy is to start your search online for rentals in your desired location. Numerous websites and apps provide listings with detailed information about available apartments or houses, including rent prices, amenities, and even virtual tours. This preliminary search can help you narrow down your options, understand the rental market in the new city, and ultimately find a place that meets your needs and fits your budget.
Connect with Local Resources
Don’t underestimate the support that local resources can offer. Look for community centers or support groups that align with your interests or needs. Career services and job placement agencies can be incredibly beneficial if you're starting a new job or looking for employment. Finally, if you're considering further education, look into courses or workshops that can help you skill up or shift career paths.
Building New Friendships
Isolation can exacerbate existing challenges, so prioritize social connections. Attend community events or social gatherings to meet new people. If you have specific interests, look for clubs or hobby groups where you can meet like-minded individuals. Social media platforms and friendship apps can also be helpful to establish initial connections before meeting people in person.
Exploring Your New Community
Use your fresh start as an opportunity to explore your new community. Take weekend strolls to get to know your neighborhood’s nooks and crannies. Museums, parks, and cultural events can provide both entertainment and a deeper understanding of your new city. And don’t forget the food—trying local restaurants is not just enjoyable but also a fun way to immerse yourself in local culture.
Maintaining a Positive Outlook
Maintaining a positive outlook can significantly impact your experience. Start a gratitude journal to focus on what’s going well, however small. Break down your larger goals into more achievable tasks and celebrate these small victories. Surround yourself with positive influences, be it people, books, or motivational podcasts.
Companion with a Pet
If your living situation allows for it, consider adopting a pet. The companionship can make a world of difference when you’re feeling lonely. Pets also bring routine and responsibility into your life, elements that can be grounding. The emotional support and unconditional love a pet offers can be a healing presence as you navigate your new beginning.
Embrace a Healthier Lifestyle
Lastly, use this transition as a catalyst for a healthier lifestyle. Incorporate quick 20-minute workouts into your daily routine or adopt active commuting methods like cycling or walking. Make balanced meal choices and remember to hydrate—sometimes, the basics are the most impactful.
When you’ve made a mistake like getting a DUI, moving to a new city can be your catalyst for change, offering you a fresh canvas on which to paint your life anew. By looking after your mental well-being, tapping into local resources, creating new social circles, and adopting a positive mindset, you can transition from surviving to thriving. So go ahead, explore your new surroundings, get involved in the community, and perhaps even find a cuddly companion for this exciting new chapter of your life. The journey of a thousand miles begins with a single step, and your new life is just a decision away.
For resources and information to help you get through a DUI mentally and legally, visit Survive A DUI today!
Guest Post: DUI Effects on Mental Health & Treatment
07/ 26 / 23 Filed in: Guest post | DUI
Mark Berry reached out to me to share his thoughts on DUI's effects on mental health. If you'd like to share your thoughts on a topic, please reach out via the contact page. - Tom
Most people associate the dangers of drunk driving with things like getting into accidents or being pulled over by the police. However, there are additional risks associated with intoxicated driving, risks that can have an impact on your mental state.
Repeat offenders are more prone to anxiety, depression, and other mental health issues. DUI offenders are more likely to commit suicide than those who have not been convicted, according to studies. When it comes to drunk driving, you need be mindful of more than just the physical concerns. This behavior is also related with mental health problems.
Anxiety
Anxiety is one of the most common mental health hazards associated with drunk driving. This is especially true for first-time offenders who may be concerned about being involved in an accident or being pulled over by police. Even repeat offenders can experience anxiety as a result of drunk driving convictions.
Seeking legal and psychological assistance can aid persons suffering from drunk driving symptoms. If you need legal assistance, you can consult with a DUI Lawyer, and many mental health professionals can also help.
Depression
Another major mental health issue related with drunk driving is depression. This is especially true for repeat offenders, who may believe their situation is hopeless.
However, if you've been convicted of DUI then you must seek professional counseling for any depression symptoms you are suffering. The majority of depression cases can be properly addressed with treatment and medication.
Other Mental Health Dangers
Other mental health problems are related with intoxicated driving, in addition to anxiety and sadness. Among these are: feelings of humiliation and guilt; difficulty concentrating; and anger and frustration.
Sleeping Difficulties
Loss of interest in previously enjoyed activities Alcoholism Post-traumatic stress disorder (PTSD), Memory issues, Work or school troubles, etc.
Precautions, Treatments, and Identification
If you're suffering from mental health issues as a result of your drunk driving convictions, there are treatments available to help.
If you are suffering from alcoholism, it is critical that you get expert assistance because this is a serious condition that requires treatment. There are various sorts of alcohol addiction treatment available, and the optimal treatment will differ from person to person. If you are suffering from anxiety or depression, therapy may be a helpful treatment choice.
Cognitive-behavioral therapy (CBT) is a sort of therapy that can be especially beneficial for people suffering from anxiety or depression.
Medication may be required in some circumstances to treat anxiety or depression. If you're on medication for your mental health, it's critical that you follow your doctor's recommendations and never drink alcohol while taking it, and take caution while driving.
You can also take steps to reduce drunk driving and the associated mental health hazards. If you intend to drink, have a designated driver who will not be drinking. If you've been drinking, you can also use apps like Uber or Lyft to obtain a ride home. It's also critical to recognize the indicators of drunk driving. Call the police if you see someone driving erratically, swerving, or speeding.
Contact a DUI Defense Lawyer Right Away!
We are fallible by nature and are likely to make mistakes. Sometimes our emotions take control of our minds, preventing us from making logical decisions.
Coping with the consequences of a DUI arrest may be more difficult, but you may begin with the minor things. Exercise regularly and eat healthily. Avoid alcohol and seek help from family and friends.
Most importantly, seek legal counsel from a DUI attorney. You will feel more confidence going into trial if you know you have someone who can assist you with your predicament. They can also refer you to local resources to assist you in dealing with mental and emotional stress.
Contact a DUI lawyer right away!
Author’s Bio:
Mark Berry is a lifestyle blogger whose writing is focused on self-development, health & fitness, entertainment, and debt solutions Services. He encourages readers to live their dreams but also teaches them to be realistic and practical. He loves to share his insight on life experiences and contributes to various online platforms in the same niche.
Most people associate the dangers of drunk driving with things like getting into accidents or being pulled over by the police. However, there are additional risks associated with intoxicated driving, risks that can have an impact on your mental state.
Repeat offenders are more prone to anxiety, depression, and other mental health issues. DUI offenders are more likely to commit suicide than those who have not been convicted, according to studies. When it comes to drunk driving, you need be mindful of more than just the physical concerns. This behavior is also related with mental health problems.
Anxiety
Anxiety is one of the most common mental health hazards associated with drunk driving. This is especially true for first-time offenders who may be concerned about being involved in an accident or being pulled over by police. Even repeat offenders can experience anxiety as a result of drunk driving convictions.
Seeking legal and psychological assistance can aid persons suffering from drunk driving symptoms. If you need legal assistance, you can consult with a DUI Lawyer, and many mental health professionals can also help.
Depression
Another major mental health issue related with drunk driving is depression. This is especially true for repeat offenders, who may believe their situation is hopeless.
However, if you've been convicted of DUI then you must seek professional counseling for any depression symptoms you are suffering. The majority of depression cases can be properly addressed with treatment and medication.
Other Mental Health Dangers
Other mental health problems are related with intoxicated driving, in addition to anxiety and sadness. Among these are: feelings of humiliation and guilt; difficulty concentrating; and anger and frustration.
Sleeping Difficulties
Loss of interest in previously enjoyed activities Alcoholism Post-traumatic stress disorder (PTSD), Memory issues, Work or school troubles, etc.
Precautions, Treatments, and Identification
If you're suffering from mental health issues as a result of your drunk driving convictions, there are treatments available to help.
If you are suffering from alcoholism, it is critical that you get expert assistance because this is a serious condition that requires treatment. There are various sorts of alcohol addiction treatment available, and the optimal treatment will differ from person to person. If you are suffering from anxiety or depression, therapy may be a helpful treatment choice.
Cognitive-behavioral therapy (CBT) is a sort of therapy that can be especially beneficial for people suffering from anxiety or depression.
Medication may be required in some circumstances to treat anxiety or depression. If you're on medication for your mental health, it's critical that you follow your doctor's recommendations and never drink alcohol while taking it, and take caution while driving.
You can also take steps to reduce drunk driving and the associated mental health hazards. If you intend to drink, have a designated driver who will not be drinking. If you've been drinking, you can also use apps like Uber or Lyft to obtain a ride home. It's also critical to recognize the indicators of drunk driving. Call the police if you see someone driving erratically, swerving, or speeding.
Contact a DUI Defense Lawyer Right Away!
We are fallible by nature and are likely to make mistakes. Sometimes our emotions take control of our minds, preventing us from making logical decisions.
Coping with the consequences of a DUI arrest may be more difficult, but you may begin with the minor things. Exercise regularly and eat healthily. Avoid alcohol and seek help from family and friends.
Most importantly, seek legal counsel from a DUI attorney. You will feel more confidence going into trial if you know you have someone who can assist you with your predicament. They can also refer you to local resources to assist you in dealing with mental and emotional stress.
Contact a DUI lawyer right away!
Author’s Bio:
Mark Berry is a lifestyle blogger whose writing is focused on self-development, health & fitness, entertainment, and debt solutions Services. He encourages readers to live their dreams but also teaches them to be realistic and practical. He loves to share his insight on life experiences and contributes to various online platforms in the same niche.