Got DUI 5years Ago and Now the Law Changes Can I Fight This

[MalibuMafiaV]

My question involves criminal law for the state of: California.
I got a DUI 5 years ago. I have the ticket and a officers report stating that the DUI would come off my record within four years. Now the law has changed to ten years. Am I able to fight this and have it taken off now? I mean you can't just change laws like that and have it effect the person in the pre law right? Say if someone was sent to jail for drunk driving for 2 years then 2 years go by and hey go OOOO just kidding the law changed now its 10years... SO thats my question. Can I fight this? How do I go about doing so.
I forgot to mention, I haven't got any tickets since then or had any problems with the law period. So I would think I have a good chance to fight it?

[cdwjava]

I got a DUI 5 years ago. I have the ticket and a officers report stating that the DUI would come off my record within four years.

Well, that was silly for anyone to tell you ... considering a DUI NEVER comes off your criminal record, stays on your DMV record for a minimum of three years, and when you were convicted was available as a prior DUI for 7 years.

Now the law has changed to ten years. Am I able to fight this and have it taken off now?

Ten years is the lookback term. In other words, if you were convicted in December of 2003, that conviction can now be considered a prior DUI for charging and sentencing through December of 2013. At the time you were originally convicted, this lookback time would have been through 2010.

There is nothing you can do to exempt yourself from this.

- Carl

[MalibuMafiaV]

Well, that was silly for anyone to tell you ... considering a DUI NEVER comes off your criminal record, stays on your DMV record for a minimum of three years, and when you were convicted was available as a prior DUI for 7 years.


Ten years is the lookback term. In other words, if you were convicted in December of 2003, that conviction can now be considered a prior DUI for charging and sentencing through December of 2013. At the time you were originally convicted, this lookback time would have been through 2010.

There is nothing you can do to exempt yourself from this.

- Carl

Well It seems to me it's unfair and wrong how its been writin on the officers report. So I will attempt to fight this and see what happens regardless. It's insane how the law is 10years now thats absoluly insane. I think if you get a DUI it should be two years and if you ever get a second one then your license should be suspended because the second time your just being a idiot and completly irresponsible at this point and need to grow up.

[cdwjava]

Well It seems to me it's unfair and wrong how its been writin on the officers report.

It was stupid for the officer to put such a thing in his report considering he was wrong about the four years part in any event. Such a matter has no place in a police arrest or crime report in any circumstance.

So I will attempt to fight this and see what happens regardless.

Fight what? Have you been charged with a new DUI and has this been brought up as a prior? The only way to "win" this fight would be to get this conviction entirely removed which would require convincing a court that you are factually innocent, or, obtaining a pardon. I wouldn't expect either one.

Sorry, but you'll lose that fight.

It's insane how the law is 10years now thats absoluly insane.

Well, "Strikes" have no time frame at all, so actually a 10 year lookback period for priorable DUIs is actually quite generous. The state could do what many other states do and just say ANY prior DUI is a prior, not just that DUIs within ten years are priors. I would prefer the ANY DUI prior, but the state has decided only to move the period from 7 years to 10 years.

I think if you get a DUI it should be two years and if you ever get a second one then your license should be suspended because the second time your just being a idiot and completly irresponsible at this point and need to grow up.

I think that a first offense DUI should result in additional jail time and there should be no cutoff in the time frame for priors ... neither one of us apparently have what we want here.

- Carl

[MalibuMafiaV]

It was stupid for the officer to put such a thing in his report considering he was wrong about the four years part in any event. Such a matter has no place in a police arrest or crime report in any circumstance.


Fight what? Have you been charged with a new DUI and has this been brought up as a prior? The only way to "win" this fight would be to get this conviction entirely removed which would require convincing a court that you are factually innocent, or, obtaining a pardon. I wouldn't expect either one.

Sorry, but you'll lose that fight.


Well, "Strikes" have no time frame at all, so actually a 10 year lookback period for priorable DUIs is actually quite generous. The state could do what many other states do and just say ANY prior DUI is a prior, not just that DUIs within ten years are priors. I would prefer the ANY DUI prior, but the state has decided only to move the period from 7 years to 10 years.


I think that a first offense DUI should result in additional jail time and there should be no cutoff in the time frame for priors ... neither one of us apparently have what we want here.

- Carl

Nope we don't . I'm just upset that I go this when I was a young dumb teen and now I'm a young working professional that doesn't even drink anymore period. And it sucks to be have somthing so long ago from my learning from ym mistake years to effect me now. Because of this I can't get a sports car due to my insurance costing more then the car payment.

[cdwjava]

Nope we don't . I'm just upset that I go this when I was a young dumb teen and now I'm a young working professional that doesn't even drink anymore period. And it sucks to be have somthing so long ago from my learning from ym mistake years to effect me now. Because of this I can't get a sports car due to my insurance costing more then the car payment.

But, this lookback period for priors ONLY effects you if you are arrested for DUI. If you no longer drink, and you do not drive impaired on drugs or medication, then it will never be an issue.

Now, while the points are not applicable after 36 months, the record of any license action will still be on your driving record for up to 10 years. As I understand it, record of any prior action on your license can be removed after 5 years at the discretion of the department. If you failed to appear in court on at least one occasion regarding your DUI case, then the period appears to be ten years automatically.

Have you asked your insurance company specifically what it is on your DMV record they are boosting your insurance for? It's not the points (unless you have additional tickets), so it must be the notification that there had been previous action on your license.

You can always speak to the DMV and see what can be done - if anything - to remove this notification from your DMV record. Depending ion the details, there may be nothing that CAN be done.

- Carl

[cdwjava]

Here is some more specific info from the DMV ... it appears that the short answer is that it will stay on your record for ten years.

http://www.dmv.ca.gov/pubs/dui/reportability.htm

- Carl

[MalibuMafiaV]

But, this lookback period for priors ONLY effects you if you are arrested for DUI. If you no longer drink, and you do not drive impaired on drugs or medication, then it will never be an issue.

Now, while the points are not applicable after 36 months, the record of any license action will still be on your driving record for up to 10 years. As I understand it, record of any prior action on your license can be removed after 5 years at the discretion of the department. If you failed to appear in court on at least one occasion regarding your DUI case, then the period appears to be ten years automatically.

Have you asked your insurance company specifically what it is on your DMV record they are boosting your insurance for? It's not the points (unless you have additional tickets), so it must be the notification that there had been previous action on your license.

You can always speak to the DMV and see what can be done - if anything - to remove this notification from your DMV record. Depending ion the details, there may be nothing that CAN be done.

- Carl

I just got off the phone with the DMV and they told me this.
"The law is now 10 years all DUI records stay on your driver license for the 10years" I asked can you please look up my driver license number to see if the points were reapplied after 36months and they replied with the same thing "The law is now 10 years all DUI records stay on your driver license".
Is it possible I got someone whos just an idiot? Or is what your telling me wrong? The whole reason I'm trying to fix this is because im insurance is killing me right now. I just want the points fixed on my license so that the insurance is cheaper. Also I asked for a forum of request to have my DUI removed due to it being 5 years and I haven't done anything wrong and she replied with the exact same answer...

[cdwjava]

The issue of points is separate from the issue of how long a record of the DUI remains on your record. Points are only applicable for 36 months. Other information operates under different rules.

The link I posted to the DMV website indicates that it will remain for 10 years, though their code sections i found indicate that the DMV has the option of removing them after 5 ... I don't know which section seems to mandate it remain for ten years, but the discretion appears to be theirs.

If you really want to push the issue, you might consider engaging an attorney to discover if the DMV MUST keep it on beyond 5 years, or if they can choose to drop it. But, I suspect at best you will pay an attorney a lot of money to tell you that the DMV has the discretion and they do not typically drop it.

- Carl

[MalibuMafiaV]

The issue of points is separate from the issue of how long a record of the DUI remains on your record. Points are only applicable for 36 months. Other information operates under different rules.

The link I posted to the DMV website indicates that it will remain for 10 years, though their code sections i found indicate that the DMV has the option of removing them after 5 ... I don't know which section seems to mandate it remain for ten years, but the discretion appears to be theirs.

If you really want to push the issue, you might consider engaging an attorney to discover if the DMV MUST keep it on beyond 5 years, or if they can choose to drop it. But, I suspect at best you will pay an attorney a lot of money to tell you that the DMV has the discretion and they do not typically drop it.

- Carl

So if the issue of points is separate. Then I infact will get cheaper insurance correct? I just need to call and make sure they did put back the points i lost from the DUI after the 36months right? What would you tell them exactly iny our words so I know what to tell them correctly this time.