I almost got caught drunk driving last week here in California and when I told my friends about it, one of them told me to add SR22 in my car insurance. There are many hat I can’t understand just like what is SR22? Why do I have to include it in my car insurance and how does it work?
Cole
San Diego, CA
Many people have been wondering why someone who usually goes home under the influence of alcohol or drunk should need a SR22. SR22 is a document given out by your Insurance Company in which you are assured that the California Department of Motor Vehicles has given you the required minimum liability coverage.
If a driver has gotten his/her license suspended, the driver is required to get a SR22 Filing to restore the drivers’ license. Drunk driving is not the only reason for your license to be suspended but also unpaid traffic tickets and parking violations. In order for a driver to get an SR22, they should get the minimum liability coverage to all of their cars. You have three years for SR22 Filing but this depends on how harsh your situation is. With regards to your driver’s license, you have to call Department of Motor Vehicle to know when it is going to be restored and how much would it cost you. The Car Insurance Company will be able to get you how much would your SR22 and your car insurance upon receiving the report on your driving record. And after calculating and agreeing how much you will have to pay for your SR22 Filing.
I just got a traffic ticket here in Berkeley last Tuesday for speeding and unfortunately I’m a little drunk at that time. Does my unlawful behavior affect me of getting a cheaper car insurance here in California? Can I get a comparison car insurance quote?
Leigh
Berkeley, CA
First of all, this unlawful behavior is what Insurance Companies there in California consider in giving you on how much they will offer you for this are the grounds on giving increase to your insurance rate.
With regards to traffic tickets, as long as you get one traffic ticket only for a year. You can just use the deferment program and pay the traffic ticket and your record will be erased and the insurance company will not be able to recognize it. It is easier to get away from traffic violation especially if you haven’t used your deferment program yet. Unlike other unlawful behavior like driving under the influence of alcohol and drugs, it is not easy to get out off it which includes a complication in your car insurance. If it is a car accident and it wasn’t your fault you will still have a charge raise for you are in the accident and you are there to complete it and that makes you still a part of the accident. And if it is your fault the more you will have a problem especially if you have been drinking. Not only that you are going to have problem with the law but also with the unstoppable increase of your insurance.
I’m worried about my auto insurance after my DUI conviction here in Alameda, California. What do I need to know about my auto insurance or what do I have to do now after my DUI conviction?
Adrian
Alameda, CA
You may be like most individuals who simply could not afford not to be driving even after a drunk driving or DUI conviction. Most of us need to maintain their transportation options for us to make a living. We all commit mistakes but the law makes sure that you would certainly pay for the privilege to get back out on the highways. Although there are a lot of auto insurance providers that would offer you coverage after your DUI conviction in Alameda, California, it would be important to do your research.
You would be ordered to get an SR22 proof of insurance for you to reinstate your driver’s license. The auto insurance provider you choose would file an SR22 form on your behalf to release the suspension order placed by the Department of Motor Vehicles (DMV) on your license. The auto insurance provider could tell you the steps that need to be taken to make sure that you’ll have the SR22 promptly. You can check what is on your driving record because the auto insurance provider would confirm the information you would give them so make sure that it is accurate.
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.
If my drivers license was suspended for two DUIs in the state of Michigan can I obtain a drivers license in LA California?
Dan
Los Angeles, CA
although the state of Michigan is not a member of the DLC your suspended license will be listed in the National Driver Register (NDR) which Los Angeles California will verify before allowing you to get a license in CA.
The Drivers License Compact (DLC) is a reciprocal agreement that many states within the US are members of and requires the member states to forward the licensing state of a driver when he or she is convicted of a certain traffic violation. The licensing state then can know if the violation is put on the individual’s driving record, if points are applied, etc. The National Drivers Register is used by all US states, so both California and Michigan do have access to it.
When applying for a driver’s license in Los Angeles California the California DMV will verify the NDR. This database will then notify the Department of Motor Vehicle to any action against your driver’s license in other state(s). Once they aware that your drivers license is revoked in MI due to the two DUIs you will be unable to receive a CA driver’s license. To obtain a license in California you will first need to take care of your suspension or revocation in Michigan. If you are able to have your drivers license reinstated in MI then CA should be able to see this on your NDR listing and grant you a drivers license.
I got two DUI conviction this year and last year. What will happen if I get pulled over by a law enforcement officer and I have no proof that I am driving for work in Alameda?? I live in Alameda CA.
Richard
Alameda, CA
In California a restricted license granter after a 2nd DUI conviction has guidelines that you need to abide. The California law states that the restriction of the driving privilege shall be limited to the hours needed for
driving to and from the place of employment,
driving during the course of employment, and
driving to and from activities required in the driving-under-the-influence program.
The California Department of Motor Vehicles states that they may suspend or revoke the drivers license,once they receive satisfactory proof of any conviction of the restrictions of a driver’s license .
Therefore if you get caught driving outside your restrictions your driving privileges may be taken away again. The CA DMV should be able to give you information if there will be additional fines and penalties given to you by the judge or courts if you are stopped in Alameda and cannot prove you are driving within your restrictions.
I’m afraid I may just be caught drunk driving here in West Covina, California because I don’t have anyone to drive me home everytime I go out to have some drink. Anyways, my question is, is it true that I can refuse to take the handheld breath test if I am stopped for DUI?
Rebecca
West Covina, CA
Before I go and answer your question, let me just tell you that you can definitely avoid to be caught drunk driving in West Covina, California. The safest way to do that is not to drink at all, but if you really can’t avoid it and you don’t have anyone to drive you home, you can take a cab to get home safe and sound and avoiding a criminal charge. Now, to answer your question, yes you can refuse the handheld breath test if you are stopped for DUI. Unless you are under 21 years old, submission to the Preliminary Alcohol Screening (PAS) is not legally required.
A lot of police agencies are now using the roadside hand held breath-testing device, PAS or more recently, Evidential Portable Alcohol System (EPAS) as an additional field sobriety test (FST). These devices are supposed to give a very rough indication of the driver’s blood alcohol concentration. The PAS units are very unreliable and primitive and are supposed to be used only to aid the officer in making a decision after he has given the other FST’s. But unfortunately, a lot of judges are permitting the results into evidence at DUI trial.
After being caught drunk driving in Westminster, California, I know that my first concern would be the DMV hearing. What are the issues that are being raised in a DMV hearing that could help me save my license?
Chad
Westminster, CA
After your DUI charge in Westminster, California, the administrative driver’s license suspension began after the police officer took your license away and when you were given a pink piece of paper. The police officer would typically, but not always, check the box for the reason for taking your driver’s license. Usually the reason officer gives would be his belief that you were driving with a blood alcohol content (BAC) level of 0.08, you refused a blood alcohol test or there was a forced blood draw.
The very first issue that is being raised in a DMV hearing is if the officer had a reasonable cause to believe that you were driving a motor vehicle while having a BAC of 0.08% or more. Second is if the arrest or the detention lawful and if you refuse to take the blood alcohol test. It would be important to be realistic about your chances at winning at the DMV hearing because at this hearing, the DMV hearing officer is both a judge and prosecutor. Remember that if the police officer testifies at the DMV hearing, it would be an opportunity to question the officer without him/her being prepared by the prosecutor.
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.
I have heard many times that a DUI record can be cleared. I have a DUI conviction here in Hayward, California and seems like I would have to carry that all my life. But I was brought back to life when I found out that it can be erased. How can I do that and who are eligible for this?
Ethan
Hayward, CA
You can clear your DUI record in Hayward, California by means of expungement. Expungement, sometimes referred to as DUI expunction, is the process of sealing, removing or clearing a DUI related offense from your records after conviction. This is considered as the only form of post conviction relief offered for DUI convictions. Depending on the expungement order, that could mean record clearing in the criminal court records as well as removal from police arrest records and any other agencies that have copies of the record.
Not everyone is eligible for expungement even if the state of California allows it. Expungement, in most case, is reserved for first offenders with legitimate reasons to expunge their records who also file the necessary paperwork and pay the associated fees. Therefore, it is not considered as a right, rather a privilege granted by the government. In general the people who are eligible for expungement are those who have never served time in state prison. They should also be first-time offenders, have no pending criminal cases and felony convictions.
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