DUI Bar to a Real Estate License

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A conviction of a DUI can prevent the issuance or cause the suspension or revocation of a real estate license if combined with another conviction involving drugs or alcohol, according to criteria developed by the California Real Estate Commissioner.The California Business and Professions Code provides that an administrative agency may suspend or revoke a professional license if a person is convicted of a crime substantially related to the qualification, functions, or duties of the business or profession. 10 CCR § 2910 provides that the Department of Real Estate must consider two or more convictions involving the consumption of alcohol or drugs substantially related to the real estate profession if at least one of the convictions involves driving and the consumption of alcohol or drugs. While the Department can inquire into the circumstances of the conviction so as to fix the degree of discipline, it appears that the Real Estate Commissioner has unequivocally determined that a DUI coupled with another conviction involving the use of drugs or alcohol is substantially related to the qualifications, functions, or duties of a real estate license so as to warrant the blanket category.

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Published In: Administrative Agency Updates, Criminal Law Updates, Commercial Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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