Legal Question in DUI Law in California

DUI's

Are DUI's a felony or a mistermeaner,and how long does it stay on your record? I live in Calif.

Thank you for your help,

Jerry


Asked on 8/18/08, 6:17 pm

3 Answers from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: DUI's

In addition to Mr. Nelson's answers you should consider seeking out and retaining an lawyer to assist you with your case.

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Answered on 8/19/08, 7:06 pm
Hudson Bair Kapsack and Bair - DUI Attorneys

Re: DUI's

I beg to differ with the earlier responses, not every DUI is a misdemeanor, if you are facing a fourth DUI it is a "wobbler" meaning that it may be charged as either a misdemeanor or a felony, a DUI within 10 years of a felony DUI can also be charged as a felony, a fifth DUI is a felony, there may be other situations that result in felony charges as well.

A DUI is "priorable" under current law for 10 years, meaning that a prosecutor may file a DUI as a second, third or whatever the number of "prior" convictions there are plus the current case. As long as the look back period is 10 years you can not be charged with a "prior" conviction outside of the 10 year period (that doesn't mean a Judge can't use other "stale" convictions to increase penalties, it only means that there is no stautory scheme for punishment).

The criminal conviction will remain on your record until it is expunged/cleared (formal court process) or you die whichever comes first. The DMV action or report of the court action will remain on your driving record for 10 years, unless the "look back" period changes.

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Answered on 8/19/08, 8:08 pm
Terry A. Nelson Nelson & Lawless

Re: DUI's

Misdemeanor. Forever. They only count as 'strikes' for ten years.

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Answered on 8/18/08, 6:49 pm


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