Dui question in california 7 years of 10 years?
My friend had a dui back in January of 2000, he received another dui this weekend, According to the state law here in California, before it use to be 7 years and now they changed it to 10 years in Sept. of 2004, would this be his 2nd dui or will it start back over to being his 1st dui. Please don't ...
My friend had a dui back in January of 2000, he received another dui this weekend, According to the state law here in California, before it use to be 7 years and now they changed it to 10 years in Sept. of 2004, would this be his 2nd dui or will it start back over to being his 1st dui. Please don't give a stupid answer like he should be locked up, i am just looking for good answers please.
It will be his second DUI in ten years.
As of 2005 the period for prior DUI offenses is 10 years. Regardless of when a prior DUI offense occurred, and what the DUI law was at the time, if it was within ten years it counts as a prior DUI offense.
California Vehicle Code 23622:
(a) In any case charging a violation of Section 23152 or
23153 and the offense occurred within 10 years of one or more
separate violations of Section 23103, as specified in Section
23103.5, that occurred on or after January 1, 1982, 23152, or 23153,
or any combination thereof, that resulted in convictions, the court
shall not strike any separate conviction of those offenses for
purposes of sentencing in order to avoid imposing, as part of the
sentence or term of probation, the minimum time of imprisonment and
the minimum fine, as provided in this chapter, or for purposes of
avoiding revocation, suspension, or restriction of the privilege to
operate a motor vehicle, as provided in this code.
(b) In any case charging a violation of Section 23152 or 23153,
the court shall obtain a copy of the driving record of the person
charged from the Department of Motor Vehicles and may obtain any
records from the Department of Justice or any other source to
determine if one or more separate violations of Section 23103, as
specified in Section 23103.5, that occurred on or after January 1,
1982, 23152, or 23153, or any combination thereof, that resulted in
convictions, have occurred within 10 years of the charged offense.
The court may obtain, and accept as rebuttable evidence, a printout
from the Department of Motor Vehicles of the driving record of the
person charged, maintained by electronic and storage media pursuant
to Section 1801 for the purpose of proving those separate violations.
(c) If any separate convictions of violations of Section 23152 or
23153 are reported to have occurred within 10 years of the charged
offense, the court shall notify each court where any of the separate
convictions occurred for the purpose of enforcing terms and
conditions of probation pursuant to Section 23602.
In the eyes of the law it will always be 2 DUI’s and will always show up on his record as such. Because of the time span of 9 years they may be more lenient in court but this will always be seen as a 2nd offense.
It will also be recorded with the RMV forever as well.
10 years is the law for your friend.
Criminal (Misdemeanor) Sentences for
Driving Under the Influence of alcohol
and/or drugs (Vehicle Code Section 23152)
OFFENSE MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION WITH OR WITHOUT PROBATION
FIRST OFFENSE
within 10 years Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 280% apx.), plus either (A) 48 hours to 6 months jail and 10 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal). 96 hours to 6 months in jail, $390 to $1,000 fine, and a 10-month license suspension. May impound vehicle for 6 months.
Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more.
SECOND OFFENSE
within 10 years Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program. However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license. 90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension.
THIRD OFFENSE
within 10 years 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation.
FOURTH OR SUBSEQUENT OFFENSE
within 10 years 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation.
DMV Penalties for Driving Under the Influence of alcohol and/or drugs
OFFENSE BAC/REFUSAL SENTENCE
FIRST OFFENSE .08 or greater 4-month suspension
" " Refusal 1 year suspension
SECOND OFFENSE
within 10 years .08 or greater 1 year suspension
" " Refusal 2 year revocation
THIRD OFFENSE
within 10 years .08 or greater 3 year revocation
" " Refusal 3 year revocation
FOURTH OFFENSE
within 10 years .08 or greater 4 year revocation
" " Refusal 4 year revocation
DMV Suspension if .01% while on Probation
DMV shall immediately suspend the privilege of a person to operate a motor vehicle: …if the person was on probation for Vehicle Code Section 23152 or 23153, and the person blows .01% or more, as measured by a preliminary alcohol screening test or other chemical test.
http://sandiegodui.com/penalty.html
California is a state with a ten-year ‘washout period,’ also known as a ‘look back period’, this means that a prior conviction is not admissible after ten years. If it is ten years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within ten years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.
http://www.dui-usa.drinkdriving.org/California.php