in California. New DUI Charges?
My bf just got a DUI.. it would be consided his first. since his last one was erased from his record. I need to see if anyone knoes the new charges??? Hes not underage. please more detailed answers.. im not good with all these small wording, big terms, if you knoe what i mean. ...
My bf just got a DUI.. it would be consided his first. since his last one was erased from his record.
I need to see if anyone knoes the new charges???
Hes not underage.
please more detailed answers.. im not good with all these small wording, big terms, if you knoe what i mean.
John M’s answer is right, but to put it into simpler terms:
His last DUI was NOT erased from his record for this purpose. Unless his last DUI is over 10 years old (that is, it happened before May, 1998), this will be considered his SECOND DUI.
In California an expungement does not change the 10 year priorability rule. For example, if I get a DUI in 2002, I’m entitled to an expungement of my criminal record after the successful completion of my probation. However, if I get a another DUI in 2008, I will be charged with a DUI with a prior since my prior DUI was within the last ten years of my most recent DUI. This is regardless of the expungement.
If your boyfriends last DUI was more than 10 years ago, he’s in the clear and it would be treated as a first time DUI. The penalty is around 5-10 days in the county jail with a fine of 1,500 – 3,000 depending on which county you’re in. If his blood alcohol was lower than .08, he might get a wet or dry reckless driving reduction. If he is .15 or .20, he might get a high blood alcohol enhancement. With a .20 or above, the judge can give him interlock for 1 year.
His charges will be on his booking sheet. They check the history for priors, so if it says DUI first, hes got charges with a DUI first. The only other way is to contact the court/DA’s office.