Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Law Enforcement Charged with DUI

When a California peace officer is accused of driving under the influence, the matter is not merely a personal or criminal issue, it is a professional crisis that can threaten years of public service. These cases are uniquely complex because they trigger simultaneous criminal, administrative, and employment consequences. A DUI charge can lead not only to fines, license suspension, and possible jail time under the California Vehicle Code but also to administrative review and potential decertification by the Commission on Peace Officer Standards and Training (POST) under Senate Bill 2. For officers in San Diego and throughout California, the stakes could not be higher.

San Diego Law Enforcement DUI Defense Lawyer

The Law Office of Michael E. Cindrich, APC understands the legal, procedural, and reputational challenges that law enforcement professionals face in these situations. In the following sections, The Law Office of Michael E. Cindrich, APC outlines how California law applies, what penalties may arise, how officers can respond effectively, and the specific legal strategies lawyers use to protect careers, certifications, and professional reputations.

The Law Offices of Michael E. Cindrich serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and the city of San Diego.

For a free, confidential consultation, call (619) 262-2500.

Overview of Law Enforcement Officers Charged with DUI in San Diego

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The Consequences of a DUI Arrest for Peace Officers

Criminal Penalties — When a California peace officer is arrested for driving under the influence, the matter immediately triggers both criminal and professional consequences. Under California Vehicle Code § 23152(a), it is illegal to drive under the influence of alcohol, while § 23152(b) makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08% or higher. Conviction for a first offense can lead to up to six months in county jail, fines between $390 and $1,000 (plus significant penalty assessments), a six-month driver’s license suspension, probation, and a three-month alcohol education program. Subsequent offenses can include mandatory jail time, longer license suspensions, and installation of an ignition interlock device.

Equal Enforcement of DUI Laws — California law applies to peace officers in the same way it applies to civilians. Under Vehicle Code § 23152, any person—including a police officer—who drives under the influence of alcohol or drugs can be arrested and prosecuted. Upon arrest, the officer receives a Notice of Suspension, triggering an automatic administrative license suspension unless a Department of Motor Vehicles (DMV) hearing is requested within ten days. The officer must also submit to a chemical test, as refusal results in an extended license suspension under Vehicle Code § 23612.

Career and Certification at Risk — Beyond the courtroom, a DUI can jeopardize a peace officer’s certification under California’s Peace Officer Standards and Training (POST) system. Senate Bill 2 (SB 2), codified in Penal Code § 13510.8, authorizes POST to suspend or revoke certification for serious misconduct. While a DUI is not automatically defined as such, POST may view a conviction or related dishonesty as behavior inconsistent with the ethical duties of a peace officer. Even an off-duty DUI arrest can trigger departmental discipline or referral to POST for administrative review.

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Senate Bill 2 (SB 2) and Peace Officer Decertification in California

Overview of SB 2 and Its Impact on Officers — Senate Bill 2, enacted in 2021 and effective January 1, 2022, significantly changed how California oversees peace officer certification. Codified primarily in Penal Code §§ 13510.8 and 13510.85, SB 2 authorizes the California Commission on Peace Officer Standards and Training (POST) to suspend or revoke certification for “serious misconduct.” This includes conduct such as dishonesty, physical abuse, sexual assault, and actions that violate public trust. Before SB 2, most disciplinary actions were handled internally by employing agencies. Now, POST has independent authority to investigate and take administrative action against peace officers across the state.

Grounds for Suspension or Revocation — Under Penal Code § 13510.8(a), certification must be revoked if an officer becomes ineligible to serve due to a disqualifying conviction listed in Government Code § 1029, which includes felonies and certain serious misdemeanors. POST may also suspend or revoke certification if an officer engages in “serious misconduct” as defined in Title 11, California Code of Regulations § 1205. Examples include excessive force, bias-based policing, false arrests, or any conduct showing disregard for the law. A DUI conviction involving injury, dishonesty, or repeat offenses may qualify as serious misconduct, depending on the facts. If POST determines such misconduct occurred, the officer can lose certification permanently and be reported to the National Decertification Index.

Administrative Review and Due Process — When POST’s Peace Officer Standards Accountability Division (POSAD) finds grounds for action, the officer is notified in writing. Under Penal Code § 13510.85(a)(2), the officer has 30 days to request a review by the Peace Officer Standards Accountability Advisory Board. If the officer fails to respond, POST’s recommendation becomes final. Officers who request review can present their case before the Board and, if necessary, an Administrative Law Judge. These proceedings are public under Penal Code § 13510.85(b). Legal representation during this process is essential to preserve rights and challenge the findings.

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The Immediate Temporary Suspension (ITS) Process

When POST May Issue an Immediate Suspension — Under Penal Code § 13510.8(d), POST may impose an Immediate Temporary Suspension (ITS) on an officer’s certification if the officer is arrested or indicted for a disqualifying offense under Government Code § 1029, discharged from employment for serious misconduct, or separates from service during a pending investigation. The POST Executive Director can issue an ITS if continuing certification is deemed a risk to public safety or welfare. An ITS prevents the officer from exercising peace officer powers anywhere in California until the matter is resolved.

Consequences of an ITS Order — Once an ITS takes effect, the officer’s ability to perform law enforcement duties ceases immediately. The order is temporary, but it can remain active until criminal or administrative proceedings conclude. If the underlying issue results in disqualification or proven misconduct, POST may convert the temporary suspension into a permanent revocation. If the criminal matter is dismissed or POST finds no serious misconduct, the suspension is withdrawn, and certification is restored.

Options and Representation During an ITS — Officers subject to an ITS may voluntarily surrender certification under Penal Code § 13510.8(f), which has the same effect as revocation. However, surrendering certification permanently ends eligibility to serve as a peace officer. An officer also has the right to contest the suspension through POST’s review and hearing process. A lawyer can evaluate whether the ITS was properly issued, communicate with POSAD, and prepare the necessary defense for reinstatement. Because ITS decisions can occur quickly after an arrest, timely legal action is crucial to protect both certification and employment.

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Building a Strong Law Enforcement DUI Defense

Immediate Legal Steps Following Arrest — After a DUI arrest, a peace officer should immediately invoke the right to remain silent and request legal counsel. Within ten days of the arrest, a DMV hearing must be requested to challenge the administrative license suspension. Failure to do so results in automatic license suspension, regardless of the criminal case outcome. Prompt legal action also allows a San Diego DUI lawyer to preserve evidence such as dashcam or bodycam footage and review testing procedures for compliance with Title 17 of the California Code of Regulations, which governs breath and blood testing accuracy.

Effective Defense Strategies — Common defenses in DUI cases include lack of probable cause for the stop, improperly administered field sobriety or chemical tests, rising blood alcohol concentration, or violations of Title 17 standards. A San Diego DUI attorney may also challenge whether the arresting officer’s equipment was calibrated correctly or whether medical conditions affected test results. In cases involving peace officers, credibility and integrity are crucial; therefore, maintaining transparency and accuracy in all proceedings is essential to avoid secondary allegations of dishonesty.

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Administrative and Employment Defense

Parallel Proceedings and Internal Affairs — Law enforcement officers accused of DUI often face both criminal prosecution and an internal affairs investigation. These are separate processes with different standards of proof. Even if criminal charges are reduced or dismissed, the employing agency may still impose administrative discipline. Internal investigations typically examine whether the conduct violated departmental policies on professionalism, integrity, or off-duty behavior.

Navigating POST Hearings and Appeals — When POST initiates decertification proceedings, the officer’s first opportunity to respond is during the review by the Peace Officer Standards Accountability Advisory Board. The hearings are public and may determine the officer’s future eligibility to serve. If the Board recommends revocation and the POST Commission adopts that recommendation, the officer may still request a formal evidentiary hearing before an Administrative Law Judge under Penal Code § 13510.85(a)(6). Legal counsel plays a key role in presenting mitigating factors, prior service records, and evidence of rehabilitation to preserve certification.

Maintaining Confidentiality and Professional Reputation — Throughout these proceedings, discretion is vital. An attorney experienced in representing law enforcement clients can communicate strategically with agencies and POST investigators to minimize reputational harm. Because administrative findings are often public, proactive legal management can reduce long-term career impact and preserve an officer’s ability to continue serving after resolution.

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Frequently Asked Questions

What does a California lawyer do for police officers charged with DUI?
A California lawyer defends peace officers facing DUI charges, protects POST certification, and helps them navigate administrative hearings and potential disciplinary actions under Senate Bill 2.

How can a San Diego DUI lawyer help after a DUI arrest?
A San Diego DUI lawyer immediately requests a DMV hearing, challenges the legality of the arrest, reviews evidence, negotiates reduced charges, and focuses on protecting the officer’s criminal record and driving privileges.

When should an officer contact a San Diego DUI lawyer after an arrest?
An officer should contact a San Diego DUI lawyer immediately after arrest to preserve rights, contest the license suspension, and begin building a strong defense in the criminal case.

Can a lawyer stop POST from revoking certification?
A lawyer can contest POST findings, present mitigating evidence, challenge serious misconduct classifications, and pursue appeals to protect certification from suspension or permanent revocation under SB 2.

What penalties can a California peace officer face without a lawyer?
Without a lawyer, a California peace officer may possibly face conviction, license suspension, job loss, POST decertification, and permanent damage to professional reputation, often without effective defense or mitigation opportunities.

How does a San Diego DUI lawyer protect an officer’s future?
A San Diego DUI lawyer protects an officer’s future by challenging evidence, negotiating outcomes, and working to avoid a criminal conviction that could jeopardize employment, certification, and long-term career prospects.

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Resources

State of California Commission on Peace Officer Standards and Training – Guide to Peace Officer Decertification Proceedings and Officer Rights to Contest and Appeal — This official POST guide outlines the procedures and rights involved in peace officer decertification cases. It explains how investigations begin, the grounds for suspension or revocation, and the officer’s rights to contest and appeal.

State of California Commission on Peace Officer Standards and Training – Information and Options for the Peace Officer: The Immediate Temporary Suspension (ITS) Process — This document explains when and why POST may issue an Immediate Temporary Suspension (ITS) of a peace officer’s certification. It describes the legal basis under Penal Code § 13510.8(d), the officer’s options for response, and how the ITS relates to pending investigations or criminal cases.

State of California Commission on Peace Officer Standards and Training – When Allegations of Serious Misconduct Have Been Reported Quick Reference — This quick reference document summarizes what happens after allegations of serious misconduct are reported to POST. It defines “serious misconduct,” explains the investigation and hearing process, and outlines an officer’s rights and possible outcomes.

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Hire a Defense Attorney for Law Enforcement Officers Charged with DUI in San Diego County, CA

A DUI arrest can have catastrophic consequences for a law enforcement officer’s career, potentially resulting in suspension, termination, or decertification.

Attorney Michael E. Cindrich understands the high standards and disciplinary procedures police officers face. Our firm works discreetly to protect your job, reputation, and peace officer certification while fighting to minimize or dismiss criminal charges.

Call (619) 262-2500 today for a confidential consultation to safeguard your career and your record.