DUI Laws and Penalties » conviction

Impact of DUI on Government Employment Background Check?

admin — Sun, 04 Sep 2011 11:08:32 +0000

I am a law student and have been charged with DUI (I know, not an ideal situation). I have an otherwise spotless record and am wondering the impact of a conviction on potential government employment--be it local, state, or federal. I have been accepted for an internship with the federal public defender's office and am wondering if a conviction (or even arrest) will disqualify me. I was honest about the situation on my application form. Is a first DUI a disqualification from public sector legal employment? Thanks.

borrowing a car after dui in quebec?

admin — Wed, 03 Aug 2011 09:42:30 +0000

Can I borrow my wife's car after DUI conviction, and be covered by her insurance? If I do that for several years and then apply for my own policy, would the DUI no longer affect the rates? How many years would it take?

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."

in the state of CA, how long does a DUI remains on your driving record?

admin — Fri, 08 Jul 2011 14:24:42 +0000

and for how long after your conviction can the insurance company see it on your record?

Can I sell insurance with a criminal record?

admin — Wed, 11 May 2011 00:01:11 +0000

I have two misdemeanors, a 2nd degree burglary conviction for breaking into a friend's garage, and a DUI for driving through a checkpoint while barely over the legal limit. I thought I was sober because I had waited a very long time since I had stopped drinking before getting in the car.

What happens with a DUI non conviction?

admin — Sat, 16 Apr 2011 19:13:11 +0000

Okay so if you got a DUI that resulted in no conviction but your license was still suspended by the DMV what would happen to your insurance if you had Progressive? The DUI was reduced to diversion.
Sorry I meant the DUI resulted in a non conviction as long as the diversion program was completed. This is for Kansas...

What would happen to a pharmacist who was arrested had DUI and etc?

admin — Thu, 07 Apr 2011 11:04:30 +0000

What happens if a pharmacist who has been licensed by the state for nearly 15 years and has an impeccable record comes before the Board in response to discovery of two arrests and convictions, within ten years, for Driving Under the Influence.

What would happen to that pharmacist? Does it matter if they had the arrests conviction before he made it to the board? Where there any laws they broke?

I got my Dui August 9th… Can i get my license back that same day?

admin — Thu, 10 Mar 2011 06:17:27 +0000

I got it taken away for a year.. Because that zero tolerance law (under 21) My conviction through the court was dropped. They gave me a 30 day temporary license. I was wondering if i would get it back the day i actually got the dui, when the temp license was up, or maybe when i had court?? And also the fee to get it back.. 100 to 150?

Car Insurance after DUI, term of penalty in Florida?

admin — Thu, 25 Nov 2010 00:07:04 +0000

I was unfortunately tagged with a 1st time DUI with an arrest in Nov 2007. Then resulted in a no-contest conviction in Aug 2009. Until that time, I've always had a clean criminal record and the clean "Safe Driver" driving record. Obviously, this has changed now.
I've always had major car insurance carriers like State Farm, Farm Bureau, Allstate, and Geico in my past. Today, I still do and I'm rather fortunate that my rates have not gone up at all and I still get the safe driver discount. Shhh, afraid to say that too loud.
I'm curious as to why they haven't gone up yet, not that I'm complaining. I'm staying low profile for now, not shopping for better rates, nor changing any coverages. Don't want to raise flags.
Just wondering if anyone knows why this could be, and also if there would be any fraud, or denial to cover a claim, under this condition???

Additionally, if I continue to be the good driver that I've always been anyway, less the one night of indulgence and police academy cops gave me no quarter,
How long will I be considered a "high-risk driver?"
Also wondering how Florida handles this. Some blogs say it varies by state.
Also wondering when the start date of this record begins. The date of being pulled over, or the date of the court conviction.

Any insight on all this would be greatly appreciated.

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.