<p>I never said what he did isn’t a huge deal. Believe me, we all (especially him) understand the severity and consequences of his actions. I didn’t come here for sympathy or to defend my child, just to ask some advice for his future.</p>
<p>Edit: ^He is 17.</p>
<p>I further admit, to mealllon and collegeshopping, that if my son were to do something similar in gravity to being arrested for DUI, I’d get a lawyer. That’s good advice from collegeshopping.</p>
<p>I’m not sure that deferred adjudication keeps the incident off his record. S’s friend had an incident a few months ago involved destruction of property (they were driving around batting down mailboxes). Kid got a lawyer and had deferred adjudication, where he completed community service and then went back to court and pled guilty to a lesser charge. However, they found out later that on court documents, the original charge is still listed with some kind of “deferral” code next to it. Apparently they called the lawyer, who told them that these were starting to show up on court documents, and that he could no longer advise clients to claim they had not been charged on any kind of applications…he had discovered this when one of his clients had applied for a series 7 license, claimed he had never been charged with a crime, and the charge was discovered. </p>
<p>The moral of the story here is that, when you are charged with a crime and asked if you have been charged with a crime, there is no rewriting history.</p>
<p>The application does not ask if he as been CHARGED, but CONVICTED. Two very different things. OP has to ask, how much does it cost not to hire a lawyer. I am not an attorney, but I have had kids tango with the law over really stupid stuff…public intoxication (in the words of Ron White, “I was drunk in a bar, they threw me into public”) etc. I can tell you we did one with an attorney, one without. I will never walk into a court room without an attorney. Its a “club” where you get punished for pro se work.</p>
<p>I must have missed where the OP said the application said “Convicted” and not “Charged”. In the case of S’s friend, he was in the process of filling out applications, many of which asked is he had been “Charged”…NOT “Convicted”.</p>
<p>Get an attorney! You really need to do this. As someone suggested have your son pay work and pay for it.</p>
<p>Some employment form asks “Have you been arrested” and the outcome of the arrest.</p>
<p>After you complete your pre-trial intervention requirements, you get the record expunged. You can either pay about $800 for this or do it yourself.</p>
<p>Language in the Common App is as follows:
</p>
<p>And this is what is in the CA’s GC Final Report, submitted at the end of the school year:</p>
<p>
</p>
<p>Two observations:
<p>Agree with everyone else – this is one time you NEED a lawyer to help you and your S understand the consequences of his actions. (Note that I didn’t say to get him off the charges…)</p>
<p>Since I live in CA as well and know several kids who have been caught minor in possession, let me share their outcome. Those who got an attorney were able to go through a diversion program which involved spending a shift in the ER, an all day class, an essay for the judge and a few other things. Time consuming and educational. At the end, they got the offense expunged from their records.</p>
<p>Those who didn’t get an attorney, if they were smart enough to ask for it, also got a diversion program. Those who didn’t ask, were convicted, lost their license for two years and paid a significant fine. </p>
<p>I’d suggest calling the Public Defenders office and asking for a representative. Alternatively, call the DAs office and see if there is a diversion program he can attend.</p>
<p>Do not go into court without a lawyer.</p>
<p>There doesn’t seem to be any question on the California State college applications that asks about convictions, so there doesn’t seem to be any need to inform the state schools of his arrest.</p>
<p>But I wouldn’t tell your son that. I’d let him stew for a bit.</p>
<p>I think it is extremely penny-wise and pound-foolish to not get legal advice on this issue, especially when you are dealing with a minor. There are avenues and options available to minors to keep this kind of thing off their permanent record that aren’t available to an adult.</p>
<p>Agree with everyone regarding the lawyer. Your son really does need to consult with a lawyer who knows your laws. In our state DUIs or driving impaired are not handled by the junvenile system. I guess they figure if you are “adult” enough to be driving a vehicle around, you’re old enough to be treated as an adult legally regarding the use of that vehicle.</p>
<p>Perhaps your son’s hand was shaking the next morning because of his addiction to alcohol.
Don’t bail him out now…for sure you will be “bailing” him out again in the future on bigger issues. Words of wisdom from experience.</p>
<p>I agree with the <em>no weaseling out legally</em> idea expressed by Fang. If a fellow is guilty and knows it, he should pay the price. In this specific case, based on Op’s comments we don’t know that he is guilty. We aren’t told that he admits guilt.
The Op tells us this kid is charged with DUI, and that the kid knows “what he has done”.
So, the kid knows exactly what he has done, but we don’t. We weren’t told. I suspect the kid is guilty, but the Op didn’t say so. </p>
<p>That’s why I put in my post "if there is some uncertainty of his guilt… ". Naturally if there is NO uncertainty of his guilt, then that changes things.</p>
<p>If this kid is, in fact, guilty, then I am glad he has been caught too.</p>
<p>And, Mealllon, please re-read your middle paragraph post 16. You did say it shouldn’t be a huge deal.</p>
<p>Even the guilty are entitled to legal representation, which is one of the great things about the US. </p>
<p>Nobody should go to court for something like this without legal representation. Anymore, driving a car under the influence is a very, very serious offense, as it should be, and if your kid had been caught walking around with a weapon, you’d get him an attorney. Courts consider cars weapons in the case of DUI.</p>
<p>
</p>
<p>Hear hear Cardinal Fang. The responses from those advocating him to find a way to weasel out of the conviction make me sick</p>
<p>Tell the kid to be honest - and alert the colleges he applied to of his transgression rather than trying to cover it up</p>
<p>If you think hiring a lawyer is expensive, try negotiating the criminal court system without one.</p>
<p>You could get a judge who is in a bad mood because he spilled coffee on himself driving to work. You could get a judge who earlier in the day presided over a vehicular homicide case with a 17 year old driver who is wearing the same tie as your son. You could get a judge who is the daughter of an alcoholic whose life’s mission it is to rid the streets of people who drive under the influence.</p>
<p>Most of the time, this doesn’t matter. Every state has procedures for the judge to follow. But if your son answers the questions in the wrong way, or doesn’t answer, or stammers out of nerves and the judge thinks your kid is being evasive or lying-- you could end up with this spiraling out of control. </p>
<p>Lawyers who do this for a living know the judges, know the options, understand how much discretion a judge will have. They will also know if your son’s Eagle Scout record, or tutoring kids with autism, or what-not will have bearing on the outcome of the case whereas you do not.</p>
<p>Legal Aid can help you. Your son needs to pick up the phone and find a lawyer who will represent him at a price you can afford, and then work to pay off the legal fees.</p>
<p>Your son has ever reason to be concerned since he is very fortunate that he didn’t kill himself or others. The seriousness of what he did is more important than whether his actions affect what college he gets in. He always can go to community college if the other colleges reject him. He can’t get back his or others’ life if his drunk driving results in deaths.</p>
<p>I agree with those who are suggesting an attorney-- and having your son pay for it. I don’t see this as helping your son weasle out of something he did, but enabling him to have appropriate guidance as he faces very serious charges.</p>
<p>I also suggest having your son evaluated to find out if he has a serious substance abuse problem.</p>
<p>I also suggest taking your S’s car away and not letting him drive. If you allow him to drive, get an interlock device that won’t allow him to drive while drunk.</p>
<p>After the below quote is a link to info about the interlock device. </p>
<p>“Research shows that those convicted of drunk driving for the first time have driven drunk more than 87 times before their first arrest.”</p>
<p>[-</a> Mothers Against Drunk Driving - Campaign to Eliminate Drunk Driving - Ignition Interlocks](<a href=“http://www.madd.org/Drunk-Driving/Drunk-Driving/Campaign-to-Eliminate-Drunk-Driving/Ignition-Interlocks.aspx]-”>http://www.madd.org/Drunk-Driving/Drunk-Driving/Campaign-to-Eliminate-Drunk-Driving/Ignition-Interlocks.aspx)</p>
<p>Georgia’s law that affects first time drunk drivers demonstrates how seriously first time offenders are regarded there, and why their law is so stiff.</p>
<p>[6/30/2008</a> - Georgia’s Tough New DUI Law Takes Effect July 1 - Breaking News - Chattanoogan.com](<a href=“http://www.chattanoogan.com/articles/article_130671.asp]6/30/2008”>http://www.chattanoogan.com/articles/article_130671.asp)</p>
<p>College applications are the least of your problems at the moment. Your underage son has an alcohol problem. He obtained alcohol illegally and then decided to get behind the wheel. The odds are that this was NOT the first time. He showed a lack of maturity and judgement. Is he ready for college? The shaking may be due to withdrawl. </p>
<p>Get help for him. A gap year may be in order. Good luck!</p>