Legal Question in DUI Law in California

Dui statute of limitations

In September of 2004 I got a DUI in Hawaii. I payed all the fines and did all the classes that was required and they said it was not going to appear on the California abstract. In September of 2006 I got another DUI in california and they convicted for it in February 2007. They only charged me with a 1st offense DUI in which it required me to do a 3 month drug and alcohol program along with AA classes and pay fines. Two and half years later my DUI from hawaii appeared on my california driving record because a court house in Hawaii said I did not submit my drug and alcohol certificate which I did submit it to my lawyer and from him to the court in 2005. They reproted it to the CA DMV. This caused a license suspension. Since that happened CA CMV wants to ''FINALLY'' knows about it, now they want me to do an 18 month drug and alcohol program 2 and 1/2 years since my last DUI! I understand if i have two dui's within 10 years i have to do it. But 2 and a half years later?!? they decide to suspend my license and I have to enroll in an 18 month program. Is there anyway somebody can help me. I'm in the military also and this situation is prohibiting me from performing certain duties which could harm my career. Please help!


Asked on 6/24/09, 3:01 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Dui statute of limitations

If either the DMV or court has already issued rulings and orders, your remaining option is to file an appeal or motion if and as appropriate. There is no assurance of successful 'help', but if you are serious about trying, feel free to contact me to consult and review the file[s] to see what can be done. If orders and rulings have not yet been issued, then 'help' is to be found in getting counsel to defend and argue your case with whatever facts are available.

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Answered on 6/24/09, 5:30 pm


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