DUI question

So my good friend just had his son get a dui in California. He has had his 100 ton ticket about a year . What happens with his license once he goes to court . The sheriff got him and passed him on to the chp
Could they or will they take his licsense at the time of conviction or will he keep it till renewal. And if they do take it for how long of period. Tried to find it in the
CFRs

I’m not 100 percent sure but I believe it would be his responsibility to report the DUI to the NMC shortly after the conviction. I’ve heard so many different scenarios with what happens with the most common being the license being revoked for a year or two period and some sort of mandatory drug/alcohol program in order to regain the license.

This young lad needs to get an excellent lawyer and do everything possible to avoid a DUI conviction. There are good lawyers that specialize in DUI defense. There are many ways to challenge the breath test machine, it’s calibration, the officer’s training to operate it, the improper administration of the test, etc. etc. Sometimes one just gets lucky, evidence misplaced, officer unavailable to testify, a drunk on the jury that votes for acquittal regardless of the evidence (not too uncommon), etc. etc. It will be expensive, but worth it.

He also needs to consult a lawyer who specializes in USCG license defense. MOPS (Merchant Officers Protective Syndicate) would be a good source of referral. Basic advice will not be too expensive. The USCG has very specific rules about what constitutes a DUI conviction, which includes plea deals and diversion programs. Even a good DUI lawyer will not know the USCG rules. A great result that disposes of the DUI case can still lead to a bad result with the USCG. The DUI lawyer will not know anything about USCG rules.

My guess, and it’s just a guess, is that the USCG will never notice the DUI charge, or any possible conviction, until he discloses it on his renewal application 4 years from now. I don’t know if there is an obligation to notify the USCG, but I doubt it. If he gets good legal advice from a USCG license defense lawyer and undergoes and documents a program to “rehabilitate” himself, and stays out of trouble for the next four years, he might be able to renew his license in spite of a DUI conviction.

So, he needs two excellent lawyers right away.

See 46 CFR 10.213.

There is no requirement to report a conviction until the next renewal or upgrade

If he chooses not to follow this very good advice, and opts for a lawyer who is not familiar with Coast Guard administrative law, make sure the lawyer is aware of and considers the definition of “conviction” in 46 CFR 10.107. I have seen more than one instance where a lawyer has advised a client to accept a plea deal because he “won’t have a criminal record” (no lo contendre, continued without a finding, deferred judgment, etc.). Except those deals are considered a conviction for Coast Guard licensing purposes. Also make sure the lawyer is aware of the long-term consequences under 46 CFR 10.213(f).

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From this link above:https://www.ecfr.gov/cgi-bin/text-idx?SID=f82a50ed71079fa65935f26f9abd2d56&mc=true&node=se46.1.10_1107&rgn=div8

If an applicant pleads guilty or no contest, is granted deferred adjudication, or is required by the court to attend classes, make contributions of time or money, receive treatment, submit to any manner of probation or supervision, or forgo appeal of a trial court’s conviction, then the Coast Guard will consider the applicant to have received a conviction. A later expungement of the conviction will not negate a conviction unless the Coast Guard is satisfied that the expungement is based upon a showing that the court’s earlier conviction was in error.

It’s nice to see that USCG operates by its own rules and considers all alternative outcomes a conviction…seems a bit draconian, but that’s the law.

For another perspective, the FAA operates a bit differently.

https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=c55a08d03a1ef3eb3cf98e2d94dd80d5&mc=true&n=sp14.2.61.a&r=SUBPART&ty=HTML#se14.2.61_115

§61.15 Offenses involving alcohol or drugs.
© For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means:
(1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;
(2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or
(3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.