If you got a DUI when you were 15 does it still count as a prior when you are an adult?
My fiance had a DUI when he was 15, he also got one when he was 20 and now at 23 has another one! I just wanted to know if the most recent one would count as his 3rd offense or his 2nd offense? People have been telling me that the one he got when he was 15 doesn't count because he was a minor? We li...
My fiance had a DUI when he was 15, he also got one when he was 20 and now at 23 has another one! I just wanted to know if the most recent one would count as his 3rd offense or his 2nd offense? People have been telling me that the one he got when he was 15 doesn't count because he was a minor? We live in California, so if anyone has any knowledge about CA laws and this issue I would greatly appreciate any help! Or even any advice! Thanks
Please do not answer with any advice on my personal involvement with my fiance. I love him and am not going to abandon him because he has a drinking problem. He has recognized his problem and is currently getting help. People with issues like this can't do it alone, they need support systems. Love is about helping and caring for someone and when I made the choice to marry him, that means for better or for worse forever, I choose to love him for the person he is, no matter what. Thank you for your answers on the legalities of my question. We are seeking legal advice.
I am an attorney in California, but I do not practice criminal law.
I strongly urge you to go to an attorney who specializes in DUIs. Your fiance has much bigger problems than worrying about whether the offense committed when he was 15 counts. To my knowledge, juvenile records are expunged, although you might need to request an expungement. The offense won’t necessarily be counted, but if the record is not expunged, it will still show on the prior offenses, and the judge, though not counting it as an offense, will take it into consideration.
Aside from the offense as a minor, because one of the offenses involved drinking under the legal age, and the subsequent offense was committed within 5 years…. did you know your fiance could go to jail for up to a year? It is a given that he will go to jail for at least 90 days. The law is very clear on this.
On a more personal note… you need to call of the marriage. You fiance is irresponsible and has a drinking problem. He is eventually going to kill himself or other persons. If you are married to him, in California, YOU could be held civilly liable for the actions of your spouse. YOU could lose your house, other property, and have YOUR wages garnished… not to mention possibly being the widowed mother of fatherless children.
Don’t go there.
depends on your state law, call the State Police and ask as well as the DMV.
In WV when they lowered the limit to .08 which is nothing they erased all offenses that were over ten years old except 3rd offenses, kinda give people a clean slate for making it so much easier to give out DUI’s.
DUI is on your record for life but only can be used as a 2nd or 3rd offense if within the total years as record. Most states go 10 years some 20 since your boyfriend was 15 and now 23 that is only 8 years. Sorry it looks like a felony and possible jail time to me. I’d get a lawyer pronto!
.some state go back 10 year dang this guy need to stop drinking an driving not good for him or others i was lucky when i drank an drove i never got polled over the i stop an 10 year goes buy an had some cop try to say i was drunk tried the first test in my life he keep say i was not blow hard for it an try to say i was refusing the test when i was not refusing any thing well i finish the test an guess it was not what he want so he did blood well it all came down to 0.00 but still had to go to 2 court to have doped.
Typically, anything under 18 is considered a juvenile record and is sealed at adulthood, but Cali tends to be different so can’t guarantee it there. ADVICE – Get your boyfriend into rehab before he kills an innocent baby. He is obviously to irresponsible to be driving.