Legal Question in DUI Law in California

Help with dui

I received a dui back in 7/16/01 and just received another one on 6/22/09. Now I have already gone to court and they set me up with first offender program. But when I went there they told me I have another dui. I thought that the dui from 7/16/01 only took 7 years to roll off my dmv record (that was the law then). So why would it still be a second offense?


Asked on 7/14/09, 6:50 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Help with dui

10 years, not 7. You now should only be offered repeat offender program. If the court allowed otherwise, consider yourself lucky.

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Answered on 7/14/09, 7:10 pm
Terry A. Nelson Nelson & Lawless

Re: Help with dui

10 years, not 7; and it never 'rolls' off your record; it's just that after 10 years it does not count as a 'prior'. You now should only be offered repeat offender program. If the court allowed otherwise, consider yourself lucky.

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Answered on 7/14/09, 7:11 pm
Terry A. Nelson Nelson & Lawless

Re: Help with dui

10 years, not 7; and it never 'rolls' off your record; it's just that after 10 years it does not count as a 'prior'. However, you may be able to expunge it once you finish probation for this current charge. Contact me when that happens to discuss. You now should only be offered repeat offender program. If the court allowed otherwise, consider yourself lucky.

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Answered on 7/14/09, 7:11 pm


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