Free DUI Lawyer In California

Reader’s Question:

How many years does a wet reckless remain on your driving record for in  California? Is it the same with DUI?

Amy

Arcadia, CA

Under the new California legislation law, any DUI violation under CA Vehicle Code will report for ten years. There are some other non-DUI violations such as wet reckless that will report to courts and police for ten years and may count against you for the purpose of determining increased penalties for repeat violators, but will continue to appear on a public driving record for only seven years.

So the new California law does effect your wet reckless violation in Arcadia CA but it appears a wet reckless is better for you than a DUI offense in the sense that it will only appear to your public driving record (the one employers and insurance carriers see) for seven years though the state of CA can continue to count it against you for ten years.

You may contact the California Department of Motor Vehicles (DMV) for more information with regards to your driving record and how the wet reckless violation affects it.

Reader’s Question:

Is having a DUI conviction here in California be a ground for my auto insurance company to nonrenew my policy?

Margie

Burbank, CA

Auto insurance company could nonrenew your policy only when it comes up for renewal, and state laws don’t always spell out the offenses for which an auto insurance company can nonrenew insurance policies. Nonrenewal simply means that your auto insurance company no longer wishes to sell you insurance. This is generally due to having too many claims for at-fault accidents, having a conviction for driving under the influence or DUI or receiving too many traffic citations during the last three to five years.

Because of your DUI conviction there in California, your auto insurance company may nonrenew your auto insurance policy. They may decide to keep you but it’s no doubt that they will raise your insurance premium. If you get a new auto insurance policy from another company, they may also charge you higher premiums. But that doesn’t mean you can’t get a policy for a lesser price. You can try out for yourself and get an online rate quote from this website for your auto insurance.

Reader’s Question:

I’m doing a little online search for SR22 auto insurance because of my DUI charge here in California and I kinda need a little help. Aside from the price, what are the factors that I need to consider when purchasing SR22 auto insurance?

Harvey

San Francisco, CA

Because of your DUI charge in California, you are required to maintain a high risk auto insurance policy that is referred to as the SR22 auto insurance. This form is being filed through the Department of Motor Vehicles (DMV) and it can be filed on your behalf by your insurance company either online or in person. If you would want to get your high risk insurance policy established quickly in order to restore your driving privileges, then you might want to file the SR22 auto insurance form online since you are already doing an online search for SR22 auto insurance.

When choosing your high risk auto insurance provider, you might want to look at different factors aside from the price of the insurance policy. The important factors to consider are the availability of policies in your geographical area, the type of insurance company you’re dealing with, cancellation and suspension guidelines and coverage offered for the SR22 auto insurance. Get a free online rate quote now from a great insurance company for your SR22 auto insurance needs.

Reader’s Question:

Is it true that even if the person is not driving, but was found sleeping in the car and believed to have consumed alcohol, can be charged with DUI in California? How could this happen if the person was not actually driving?

Abby

Carson, CA

Yes, a person who is not really driving but has consumed alcohol and has slept in the car can be charged for DUI in Carson, California. If he/she is in control of a motor vehicle and in possession of the keys, it will be treated as drunk driving. In this case, it isn’t really ‘driving under the influence’ in its literal sense, but it’s gonna be ‘operating a motor vehicle under the influence.’ Even those who have slept in the back seat and may have potentially driven the car can be cited for DUI. But if the keys were not on the person at all, there may be ways to beat the DUI charge.

But in any DUI case, the court should find that there are reasonable grounds to believe for the police officer to believe that the person was operating a vehicle while under the influence. In finding out if a person has actual physical control over the vehicle, such that as person may be charged with DUI, the courts would look at where the person was seated in the vehicle and if the vehicle engine is running. In many DUI cases that the person was found sleeping behind the wheel and the engine was running, courts have upheld DUI convictions.

Reader’s Question:

Is it legal for my auto insurance company to raise my rates without my approval, just because I got involved in a drunk driving arrest in Sacrament, California? Is it also true that my old auto insurance company will provide my drunk driving record to my new insurance company, in case I decide to cancel my policy with them?

Juan

Sacramento, CA

Assuming that you’re involvement means that you were the one pulled over and charged with Driving Under the Influence, then the answer is yes, a DUI case would usually mean the start of a sour and uphill battle with your current insurance company, often involving ridiculously raised monthly premiums or a mail notifying the cancellation of your policy altogether. This is because it would be very risky for the car insurance company to keep you if you have been proven guilty of a DUI charge. You might even be labelled a high-risk driver, further complicating things in the event you do need to file a claim with them in the future.

If you do decide to go with a new insurance carrier or should your current carrier there in Sacramento, California decide to drop you, the best you can do is to look for the lowest rates you can find elsewhere. You may be interested to take a look at the very competitive auto insurance package being offered in this website as well. Finally, it is highly unlikely that a company will share its customer’s records with the competition, and California does have laws protecting your consumer information, however, this doesn’t mean that your new Insurance Company won’t know about your previous DUI charges or driving history. And even if they don’t find out about it for now, most insurance companies run driving record checks at least once every three years or if you get a new policy so it will still come up later.

Reader’s Question:

My auto insurance company does not provide insurance for me anymore because of lapse in the coverage. I have already missed several payments. I have a DUI conviction in California and I’m seriously in need of an insurance company which will cover my SR22 insurance policy. Who will provide my SR22 now?

Ronald

Sacramento, CA

A California SR22 insurance policy is a type of car insurance policy required for California drivers by the California Department of Motor Vehicles and the courts after DUI related offense. In the state of California, it is required for a minimum of 3 years after a drunk driving conviction.

The SR22 insurance policy serves as an agreement between the CA DMV and the SR22 provider that requires the insurance company to immediately notify the CA DMV should the insurance company not be providing insurance for the driver anymore.

Most likely, the larger national auto insurance companies don’t do SR22 policies for two main reasons. First is that they don’t like to assume the risk that ‘high risk’ policies involve. Second is that they don’t want to deal with the extra paperwork and regulations required of insurance companies that handle SR22 insurance policies. The only other option left for you now is that you would have to seek out smaller companies and insurance brokers who specialize in this type of insurance.

Reader’s Question:

I got convicted for DUI in New Jersey in February 2005. I now live in San Diego, CA. How long will that DUI remain on my driving record and affect my insurance rates here in California?

Tori

San Diego, CA

With respect to your permanent NJ DMV driving record, your DUI conviction will remain permanent. You should check with the CA Department of Motor Vehicles to find out if they have placed this DUI or any other offenses that were previously on your NJ record on your new California driver’s history.

California has a new law effective January 1, 2007 which extends the reporting period for DUI offenses from 7 to 10 years for all public requestors, including insurance companies. Under this new law, you may not qualify for a good driver discount again until 10 years from you DUI violation.

A DUI may have been considered by an insurance company for premium surcharges for a period of seven years up until 2007. However, it can be considered in California for 10 years.

You may want to contact the California Department of Insurance, which is the insurance regulator for CA, since your DUI was out of state for you to be able to find out how long an insurance company in CA can rate you on your NJ DUI from 2005.

It is better to contact your insurance agent if you have any additional questions on your insurance premiums.