Chapter 9 - § 9.11 • COLLATERAL CONSEQUENCES

• Jurisdiction: Colorado

§ 9.11 • COLLATERAL CONSEQUENCES

Many people fear losing their jobs as a result of DUI or DWAI convictions, and those fears are well founded for those who drive for a living or who are subject to lengthy jail sentences. For the vast majority of people, however, DUI or DWAI convictions will not affect their current employment. Alcohol-related traffic convictions, like other criminal convictions, though, can have ramifications for professional licenses and can affect other areas of a person's life. Several of these more specific collateral consequences are discussed in the subsections below. This discussion, however, is nowhere near exhaustive, and practitioners must always inquire of clients what collateral consequences concern them and whether they hold any professional licenses that may be affected. Professional licenses issued by states all have statutes and rules governing them that differ from one another depending on the license, and of course upon the state. The smartest thing for a lawyer representing a client holding such a license is to consult a lawyer who frequently represents individuals in that profession concerning their licenses.

State statutes regulate many professions and trades, such as teachers, plumbers, and car salespeople. Practitioners should research the applicable statutes to determine whether a DUI or DWAI conviction might affect the client's status. Similarly, most large corporations reference sanctions for alcohol offenses in their employee handbooks, and practitioners should be aware of those as well. Lawyers also need to be aware that alcohol-related incidents, like any criminal offenses, will have repercussions on military personnel or those aspiring to be in the military, and should research and advise clients accordingly.

It is also not uncommon for DUI or DWAI cases to present a problem for high school, undergraduate, or graduate students with their schools' internal discipline bodies, and these cases can often result in suspension, expulsion, or some lesser form of discipline for enrolled students. Handling those disciplinary proceedings can present difficult tactical problems, where the school is often looking for vocal "acceptance of responsibility" but the client is better off in the criminal case exercising the constitutional right to silence. Practitioners will have to research the particular school's policies and procedures when presented with these issues.

§ 9.11.1—Attorneys

DUI or DWAI convictions can impact a Colorado lawyer's license to practice law. C.R.C.P. 251.20 requires that all criminal convictions, including misdemeanor traffic offenses that involve the use of alcohol or drugs, be reported by the lawyer, in writing, to the Supreme Court Office of Attorney Regulation Counsel (OARC) within 14 days of the conviction. C.R.C.P. 251.20(b). This reporting requirement applies only to a court conviction or deferred judgment for DUI or DWAI, not to administrative driver's license...