People with knowledge of Cali DUI laws….?
My roommate just got a DUI last night and I had to experience the chilling 3am phone call.... anyway, she's ok and they let me pick her up from the Police Station instead of making her spend the night in jail. The thing is, when she was 17 or 18 she got a wet & reckless (She's 22 now), she can't...
My roommate just got a DUI last night and I had to experience the chilling 3am phone call.... anyway, she's ok and they let me pick her up from the Police Station instead of making her spend the night in jail. The thing is, when she was 17 or 18 she got a wet & reckless (She's 22 now), she can't remember if she was a minor or not when she got it. I'm thinking if she was 17 when it happened it would be wiped off her record & this will be her first & only offense, but if its still on her record, does anyone know the consequences she will face? Will this count as her 2nd DUI? Any jail time? She's never been in trouble with the law before besides those 2 times. ...... Please no rude comments, I am merely trying to get some more information for her until her court date next month. Thanks guys!
Even if she was a minor it is NOT off her record. The idea that your juvenile record disappears all on it’s own once you turn 18 is a myth (at least in California). While juvenile records are confidential, unless she petitioned the court to have the record sealed once she turned 18, the record is still there and is still accessible by the prosecutor’s office & law enforcement. So yes, anything in her juvenile record can be used as a prior.
However, if she really was charged with a wet & reckless (as opposed to an actual DUI), then it won’t count as a prior for DUI purposes. For a first time DUI she will likely be placed on informal probation for a period of 5 years, be sentenced to around 5 days in jail (she can do work alternative instead of actual jail time), and various fines, costs, etc. totaling around $1500-$2000 (plus attorney fees if she hires a private attorney). Depending on what her blood-alcohol level was, this may increase.
it is better to go through a lawyer since it will be a second DUI
Great answer. There are so many misconceptions about what records follow you. In Tenn she would not be charged with a second DUI but the court will inconvenience her for quite sometime hoping to get the message across.
In this day and age there is simply no reason to get a DUI
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