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I thought my California driving record would be free and clear 7 years after getting a DUI in 2000. I see that the law was changed to 10 years in January 2007. Does that mean if I were to get a "second" DUI in the year 2008 it would be considered a 2nd DUI offense? I don't plan on drinking and driving, but am curious.

Yes, if you were convicted of driving under the influence (DUI) within 10 years of your 2000 DUI conviction it would considered a second offense according to California law.

California Vehicle Code Division 11.5 is titled Sentencing for Driving While Under the Influence. Under chapter 2, article 2 and article 3 discuss the penalties for both first and second offenses for a violation of section 23152 and 23153 respectively. These are both the sections of CA law that deal with driving under the influence.

In the penalty sections for the DUI violations (CA VC 23540) it lists that it is termed a second offense if the person was convicted and if the offense occurred within 10 years of a separate violation that resulted in a conviction. If a person is convicted of a violation of Section 23152 (driving under the influence of drugs or alcohol) that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall also be suspended.

CA Vehicle Code 23560 gives the penalties if a person is convicted of a violation of Section 23153 (driving under the influence of drugs or alcohol causing injury) and the offense occurred within 10 years of a separate violation, as specified in Section 23103.5, 23152, or 23153 that resulted in a conviction, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 120 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than five thousand dollars ($5,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court.

As you can see the penalties are harsh for a second time offender and even great for a third time offender that is convicted of a DUI within a 10 year period. If you plan on drinking while out find a designated driver, call a cab, ride a bus but do not put yourself or others at risk by driving while under the influence.

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This car insurance answer was last updated 2:56 PM Jan-15.
This helpful tips question was asked 12:47 AM Jan-10-2008.
L F requested this car insurance help from CarInsurance.com experts.
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