DUI Laws and Penalties » 10 years

can somenoe confirm how long dui record stays on in CA? i thought 7 yrs but now chngd to 10? as of when?

admin — Fri, 15 Jul 2011 06:16:58 +0000

Last year my insur co told me that my DUI record would be removed when I renew policy this year - after 7 years - and I would get discounts accordingly. Now they tell me that new CA law states DUI stays on record for 10 years starting this year - including existing records that have not exprired already. Can someone confirm this? What I received from my insur co: "SB 597 extends from seven years to 10 years the time period an individual is ineligible for a good-driver discount following a conviction for drunk driving. This change is consistent with the change made in 2005 by SB 1694, which required all DUI convictions to remain on a violator's record for 10 years instead of seven."

Do you think dwi laws are too strict?

admin — Sat, 02 Jul 2011 01:28:19 +0000

I mean it can be a potential crime. I had a dui right by my home, like 2 blocks and got cited. I blew slightly above the .08. Now, I got into trouble with my employer which I have been with for 10 years, and it does not involve driving. I have applied for part time jobs and some of them will not hire me and once again they are non-driving jobs. I have paid my debt in the pocket and in time. I am not a bad person, but its embarrassing and I like to add, i have been pulled over before on suspicion of dui and after breezing thru the dui check the office looked defeated. its as if its a HUGE revenue generator. I have to put food on the table and take care of my kids. But the dui laws almost made me lose my job, home,/ I am now bankrupt because of this and prior i had good credit. I am contributing member of society but its like my paid debt is not ok with people. I mean, I feel like i am being treated as harshly as a bank robber.

Why is the washout or look-back period for the GA DUI Law NOT considered Ex Post Facto?

admin — Wed, 20 Oct 2010 01:29:44 +0000

Why is the washout or look-back period (10 years) for the 2008 amended DUI Law (O.C.G.A. Section 40-6-391) not considered an Ex Post Facto law for cases that occured before 2008 under the five year look back period?

More specifically, If you had a DUI on July 2, 1998 and get another on July 1, 2008, prosecutors consider this your second offense. Even though under the old law, the look back expired in 2003. It seems to me that using the law in this manner is in direct violation of having an Ex Post Factor law.

However, the 2008 amended law states that it takes effect for offenses on or after July 1, 2008. This statement applies to all sections within this law, but prosecutors are using the look back period to increase punishments for convictions prior to this date. When one looks at the words on or after, these words does not mean or equate to the word prior. I could not find anything in the State of Georgia that addresses this issue either as an official opinion or under the rule of law.

It would make sense to prosecute offenders of this law in the following manner:
1) If one is convicted of DUI prior to July 1, 2008, the look back period of 5 years from the prior law shall be used up to but not past July 1, 2008. (If the look back period has already expired under the previous law, it should not be considered an offense under the amended law.)

Example: John Doe was convicted for DUI on January 2, 2003 (1st Offense under old law). January 2, 2008 his look back period expires under the old law. John Doe gets convicted of another DUI on July 2, 2008, in which he is sentenced as a first offender (even though its truly his second).

2)Every conviction on or after July 1, 2008 will the look back period of 10 years.

Example: John Doe gets convicted of another DUI on July 2, 2008, in which he is sentenced as a first offender. John Doe gets convicted of another DUI on July 1, 2018, in which he is sentenced as a second offender.

I would like to believe that one would be charged/sentenced as a 1st offender under these circumstances stated above but they are not. Could someone explain why this is the case and why the law is not considered an ex post facto law?
Please do not respond with personal answers, as this is a question regarding law and opinions how the law is interpreted. Stupid Answers saying all people that violate the law should burn in hell does not answer the questions displayed.

Question on Michigan's Heidi's Law DUI 3rd offense?

admin — Sat, 16 Oct 2010 01:30:29 +0000

My husband has 2 prior DUI convictions, one in June of 1995 and one in January of 2004. He recieved another in November of 2006. Is he facing a 2nd or 3rd DUI conviction ? The prior law states they can only go back 10 years to make it a felony. Under the new law it is a felony if it is a 3rd over any amount of time. Due to unusual circumstances he is just now going to court on the 2006 charge. I believe I'm right on them only being able to charge him with a second since this DUI occured prior to the change in January, 2007. Anyone know for sure ?? (And please, no comments on his past actions, he did finally realize what harm his recklessness could cause himself or someone else and has not had a drink in almost 3 years) Thanks !!
Anyone in or from Mi that has info on this I just need clarification..... Thanks !!

my friend is so worried!she got in trouble tonight,the police came to her house and found marijuana…?

admin — Wed, 11 Aug 2010 01:36:52 +0000

they said it was a class a misdamener(howevver u spell it)i dont know anything about the law and i didnt even know she did that kind of stuff ,but i am worried and want to know how bad she can get in trouble...she will loose every thing she has if she has to stay in jail!she has 2 dogs and her house is a section 8,she is also on disability,they didnt find much...she also had 2 dui's a long time ago.....like about 10 years ago,she lives in indiana.....what do u think they will do to her?i am worried for her!please help!!!!!

i got three dui's ten years ago is that considered bad moral conduct under immigration laws?

admin — Sun, 23 May 2010 20:42:49 +0000

Back in my younger days i was stupid and got caught driving drunk three times that happened 10 years ago i completed everything the court order ever since the only thing i got on my drivers llicense is a speeding tickets will immigration considered my past for basis on moral conduct

Glendale, California DUI?

admin — Sun, 11 Apr 2010 06:31:12 +0000

I was pulled over for tossing a cigarette out of a window on halloween. Cop was part of a task force in Glendale, CA to bust DUI's. I just pulled into a gas station I admit I did not signal and did toss a cigarrette out the window. First I was asked if I had been drinking I said yes at dinner. Followed by being accused of smoking marijuana over and over and over again, even after being handcuffed. Cop said my tongue was green. After about 30 minute FST I submitted to breathalyzer and blew .082. This was about 45 min after dinner. THen taken down for blood test. I do not know those results yet. The cop constantly berrated me for questions and explanations for my behavior. For example he asked me to stand with my feet together and hands at my side. Instinctively to be comfortable I put my hands in my pockets and spread my feet a few inches. After doing the 9 step straight line test I spined on my feet and walked back, which he said he believed I did not do as he said which was to take small steps in turning. yes I was legally drunk when he did breathalyzer according to it, I do not know when he pulled he pulled up behind more in the gas station or when I got the blood test.

Friend was in car with me, she can testify to how they treated me. Documentation also proves how distracted they where. They were so busy staring at her that they put her birthdate down on the DMV form rather then mine.

First question what are my options?
Second question do the cops have right to belittle and do everything they can to try to scare a confession out of a person like this?

I have long hair, and used to have bad teeth so have been accused atleast dozen times in past 10 years of being a drug addict, drunk etc.. even with no drinks or any other substance in my system. One cop told me I exhibited being under influence (I get nervous now around cops), other admited way I look is reason. Both of these never charged me. I have almost accepted I am persecuted for how I look, but still makes me nervous. This is my first DUI.

when does a second dui become a prior?

admin — Tue, 23 Mar 2010 06:16:34 +0000

If you received a dui in 1996 and the law changed jan.1 2005 making it retroactive from 7years to 10 years. Does that mean after completing all court requirements and completing the orginal 7 years the court can make it prior offense if your arrested for dui after jan 2005?

Getting car insurance with DUI?

admin — Mon, 01 Feb 2010 14:51:47 +0000

When an insurance company wants to know if you've had any DUI's in the last 10 years, can they really find that out or are they just hoping you're stupid enough to tell them? Because I live in Pennsylvania and am pretty sure it comes off your driving record after 3 years, but if you have a second offense after 10 years, it is treated as a first offense. Is this correct?
And the DUI was in New Jersey and was a first offense, so I wasn't penalized for it in Pennsylvania, I just couldn't drive in Jersey for 7 months. So I believe it is on my Jersey record but not my PA record. Can the Insurance company find out?
And when I say its not on my PA record, I mean that they know about and if it happened again, they would act accordingly, but Its not considered a DUI because I didn't get a jury trial in Jersey as is my right in Pennsylvania.

How do I get my license unrestricted after a California DUI?

admin — Sat, 24 Oct 2009 19:23:04 +0000

Okay, the title of this question leaves out some details I will fill in here.

Here is the situation...

I received a DUI in Southern California (Santa Barbara) in late 2007. I was living at home (I am from the area) for a while after having lived in New York City for over 10 years. During my time in NYC I made the huge mistake (as I have since found out) of not switching over my license to NY State (apparently, my lawyer informed me that this not only would have allowed me to keep my license in hand but also that, because I could still prove NY residency at the time, I wouldn't have had to attend those idiotic DUI classes they punish you with).

Anyhow, I spent my year in California and made it through the classes and have now just paid off the fine. This is where my problem begins...

I moved back to NYC over a year ago. I am now wishing to make my license a NY State license. However, NY law does now allow you to transfer a license from another state that possesses any sort of restriction. Though I have paid off the fine and basically fulfilled all of the responsibilities that the Court ordered, I am still under the impression that the DMV still requires me to have an SR-22 (proof of $ responsibility), for which I will have to purchase insurance. The problem is, I never needed insurance before. I have never owned a car and before I left home I was covered under my parent's policy. I DID purchase insurance while in California in order to have the SR-22 on file with DMV, but upon moving I let my insurance expire as I could not afford the payments and had no need to drive (a big plus about NYC).

If the DMV rule is what I understand it to be, I'm under the impression that I must have an SR-22 on file (in other words, purchase insurance) even though I have fulfilled my court-ordered punishment (and yes, I do know that they are separate entities with separate rules). And since I need the SR-22 on file to get my license unrestricted in order to transfer my license to NY State, I'm forced to buy insurance that I don't need in order to do it.

If you're wondering why I don't need the insurance...again, I live in NYC, own no car (with no intention of ever having one) and do all of my driving in rentals when on the road for work or vacation so I'm covered by the rental agencies. I REALLY don't want to spend money I don't have on something I don't need just to do this.

Can anyone offer advice on working this problem???? Any and all help is appreciated.

Thanks,