Reader’s Question:
Back in 2006, I was convicted for DUI in New Jersey and I moved here in California just recently. How long will my DUI in NJ remain on my driving record and influence my auto insurance premiums here in CA?
Garrett
Berkeley, CA
Your DUI conviction in 2006 would be a part of your permanent Department of Motor Vehicles (DMV) driving record. Because you are now residing in California, you have to verify with the California DMV to determine if they have put your DUI or other traffic violations that were part of your New Jersey driving record on your new driving record as a resident of California.
In 2007, the reporting period for DUI violations became 10 years for all public requestors, which include auto insurance carriers. Before that, DUI violations stay on CA driving record for seven years. Under this new legislation, you might not be eligible for a good driver discount again until 10 years after you committed your DUI offense. Before 2007, a DUI may have been weighed up by auto insurance carriers for premium add-ons for seven years but currently, it could be taken into account for 10 years.
Because your DUI offense happened out of state, you can get in touch with the insurance regulator for CA which is the CA Department of Insurance to determine how long an auto insurance provider in CA can consider your DUI conviction in NJ from 2006. You can also get in touch with an auto insurance agent if you have any further questions about your auto insurance costs.
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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.
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Reader’s Question:
I have a friend who was charged for DUI here in Chino Hills, California and I guess his number one problem is getting a DUI lawyer because he thinks he can’t afford it. What can a lawyer do for him and how much will it cost him to get a DUI lawyer?
Larissa
Chino Hills, CA
A DUI lawyer who is dedicated to aggressively representing his client in court will sure to undertake a great deal of work well before the actual court date. Your friend can ask his potential DUI lawyer to describe in detail what the DUI lawyer will do for him for his DUI case in Chino Hills, California. If the DUI lawyer could not rattle off a mind-numbing list of tasks off the top of his/her head, he/she is probably not doing those things. But let me tell you now that a good DUI lawyer would definitely look at every aspect of your friend’s DUI case from the stop, detention and arrest, and look at the possible flaws that your friend can use on his defense.
Each law firm actually sets their own fees and they vary widely based on several factors, which are both relevant and irrelevant. Some lawyers do charge as little as $250 but others charge as much as $10,000 for first DUI offense. But your friend can find a DUI lawyer who charges $4,200 for first offense for a case with a low blood alcohol content. Don’t be lured to a big law firm that will charge your friend an initial consultation fee because he can definitely find one who will have the initial consultation for free.
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Reader’s Question:
We badly need help in my sister’s DUI case here in Los Angeles, California. What we need to know is that, if she gets convicted for her first DUI offense, what are the possible penalties?
Mac
Los Angeles, CA
You and your family might be going through a tough time right now because of your sister’s DUI charge in Los Angeles, California. We certainly hope that she gets out of this as soon as possible. But if she gets convicted for DUI, I would certainly give you an idea as to what penalties she might get. Since this is her first DUI offense, she can have up to six months of jail time. After adding mandatory fees and assessments, the fines would be about $1500 but it could vary slightly from different jurisdictions. The court could also impose a license suspension of up to six months depending upon the circumstances and this would be separate from the automatic DMV administrative suspension of four months.
Aside from the aforementioned penalties, there would also be a requirement to attend a state-approved DUI school for three months as a condition of probation and to get the license back. The number of months could be increased if the blood alcohol level is high. In general, probation runs for three years in most cases. Community service, alcoholics anonymous meetings, attendance at victim impact panels and/or an ignition interlock device installation may be required by some courts.
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Reader’s Question:
I badly need your help because I don’t want to be in jail and I still wanna be able to drive. Is it really necessary for me to hire a DUI attorney after my recent arrest for DUI here in California?
Jane
Bellflower, CA
The solid answer to your question would be yes because experienced DUI attorney could help you understand the DUI charges and all of the issues that are involved. You should take your DUI case in Bellflower, California seriously because if you lose your case, it would require a mandatory jail sentence upon conviction and a driver’s license suspension. After all, you wanna save your freedom and license, don’t you? Having the services of a DUI attorney to defend you could result in the charges being dropped, being reduced to a non-alcohol or non-drug related offense or in some other more favorable outcome to you.
You have to be aware that there are several different types of DUI offenses and prior DUI convictions could substantially increase the penalties. There would also be two separate legal proceedings involved in a DUI case; one involves a criminal case and the other one would be a civil administrative case with the Department of Motor Vehicles. As a result, it would be very important that you understand California DUI laws and receive a favorable outcome the first time you are arrested, and know the things you can do to avoid or minimize the damage on your DUI offense as well as avoiding future DUI arrests.
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Reader’s Question:
My sister should have known better that having a second DUI offense in California would mean stricter penalties. I just want to know exactly, what are the penalties involved in my sister’s DUI case?
Liz
Central Coast, CA
Driving under influence of alcohol and other intoxicating substances is a serious offense in California. Many people never realize the trouble they will get into with drunk driving. Only after they face a jail sentence and huge penalty that they understand the entire consequence of their actions. Most of them don’t mix drinking and driving ever again.
However, there are some people who tend to disregard the rules, laws and law enforcement officers again. For a second DUI offense in California, the fine amount is of course higher than the prior offense. This ranges from 1800 to $2800. Your sister may also lose her driver’s license for a period of 18 months. The license may be restricted or suspended. She cannot drive the vehicle at all in case of suspension. She can drive the vehicle to and from work or educational institution in case of restriction.
It would be compulsory in all the cases to spend at a place that highlights the risks of drunk driving and persuades the driver to avoid the same offense again. Depending on the blood alcohol content in the system, a second DUI offender may even spend 18 months in a DUI school.
The jail term for second DUI offense in California is for 96 hours. But it may be reduced by doing community service.
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Reader’s Question:
A friend of mine was charged with DUI here in Burbank, California. I have done several researches about fines and other penalties a DUI offender might get for his first offense. What I need to know more is the probation involved. How long would be the probationary period for people convicted with DUI?
Bea
Burbank, CA
Penalties are designed to prevent offenders from committing the same offense again. The effect for any mistake is a punishment. Because of the potential consequences of injuries and deaths that may result from DUI offenses, the punishment for them are harsher.
The punishments are decided according to the different factors involved when DUI was committed and the number of times the DUI offense is committed. The type of punishment involves a combination of penalties such as fines, license revocation, court probation, attendance in DUI school and jail term.
Since your friend was charged with DUI in Burbank, California, if he will be convicted, the court probation period is for three to five years in which he has to avoid drinking and driving. The DUI offender does not need to report to a formal court officer. The fines are either paid in full or in installments. The driver’s license is nullified for a period of 6 months. The Department of Motor Vehicles (DMV) has the authority to issue restricted license to travel to school or work. Moreover, the DUI offender may have to attend a DUI school to attend alcohol and drug rehabilitation programs for a period of 12 to 45 hours depending on the level of alcohol concentration in the blood. In California, laws require mandatory jail of 48 hours this may be converted to community service.
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Reader’s Question:
I am facing serious problems now with two of my sons. The younger one, who is 19 years old, was charged with DUI after consuming alcohol and being involved in a fatal accident. I’ve been arguing with the authorities because they also want to press charges against my older son who is 24 years old for providing alcohol to his younger brother. They said that he was identified by a witness and by surveillance tapes from the liquor store. Can they actually charge my older son because of that?
Janet
Fremont, CA
Your question is very interesting.
Being arrested for DUI can be so upsetting, and being in a vehicle accident while under the influence of alcohol can be so terrifying. But it can be downright devastating knowing that you caused a fatal DUI crash without even being present at the scene.
If your older son bought alcohol for his brother, he could actually face charges related to a DUI car crash even though he was nowhere near the scene of the fatal DUI accident. There is a section in the California DUI law included that provides specific penalties for adults who provide alcohol to someone who is underage (below 21 years old). The California DUI penalties increase in severity if the minor’s drinking results in death or injury. Your older son could face a $1,000 in fines or up to one year in county jail.
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Reader’s Question:
What are the usual Court penalties for a third offense California DUI?
Olive
Thank you for asking Olive.
The penalties imposed by the court for a California DUI conviction differ considerably depending on different factors like the facts of the case, whether there are any prior convictions for DUI, and the defendant’s individual circumstances. Factors that increase penalties and result in county jail time may include prior convictions, a traffic accident, a high blood or breath alcohol content, excessive speed combined with reckless driving, refusal to submit to a chemical test or the presence of young children in the vehicle. Additionally, penalties can differ from county to county and from court to court. Some counties routinely impose jail time even on a first-time California DUI conviction with none of the referenced aggravating factors.
The maximum penalties include probation, a fine, a 30 month alcohol education program, a two year license suspension and one year in county jail. In addition to the probation, fines and alcohol programs that may be imposed , a third offense conviction mandates minimum county jail time of 120 days up to one year in custody. There can also be a license revocation for three year.
Goodluck!
MariCAR
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Even so, sometimes you just can’t get a lawyer, and that’s understandable. While in some cases this spells very bad news for you, in other cases it does not mean that all is lost. If your offense is pretty small time in terms of DUI charges, then you may have a very good chance of winning if you represent yourself. Still, anyone considering going it alone should consult with a lawyer first. Consultations are usually free.
You may be able to go without a California DWI attorney if you meet at least one of the following criteria.
- You find the California DUI laws complicated and need help understanding them and how they apply to your case.
- This is your first DUI offense.
- You need help understanding what consequences you may suffer if found guilty of driving under the influence.
- Your job requires bonding.
- You are working on a degree for a job or a professional license which you will not be able to get if there is a criminal conviction on your permanent record.
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