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  1. #1
    laserline is offline Junior Member
    Join Date
    Feb 2008
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    2

    Nearing 7 year "look back" of DUI this year; now they say it is 10 years

    What is the name of your state? California, but got the DUI in Ohio.

    Back in 11/13/2001 I pleaded guilty to a DUI in the state of Ohio. I was 19 at the time, blew a .161, handled everything myself, and got a very light sentence: around $500 in fines, 90 day license suspension, and a 3 day driver intervention program. Other than the DUI, I have a completely clean record and have not gotten into anymore trouble at all.

    I was told that the look back period, for Ohio, was 7 years, but after searching around I am seeing that it is 6 years.

    Now, living in California, upon renewal of my car insurance I noticed that the "Good Driver" policy states: In addition, during the last 10 years, all drivers must not have been convicted for driving under the influence. I also hear that they are trying to pass a law that will require the DUI to stay on my record for life. I called my insurance today and they are still reporting that I have a DUI on my record.

    So I guess it's time for my question(s):

    Is this only for the state of California? Meaning, even though the conviction was in Ohio, am I still bound to the California 10 year look back law?

    Is it possible to hire a lawyer to help assist with getting my DUI off my record? Or is there a way that I can attempt to do this myself via an expungement; but considering that I live in a completely different state is that even possible?

    I am assuming that I am screwed, and I should be because I did the crime, but I think I did my part by not getting in any other trouble what-so-ever. I guess I don't understand how these new laws can affect my conviction from almost 7 years ago.

    Thanks to anyone who responds!
  2. #2
    garrula lingua is offline Senior Member
    Join Date
    Jun 2005
    Posts
    2,924
    California now looks back for ten years. The prior convictions would include any from another state which are consistent with CA VC 23152(a) or (b) or 23153 (most DUIs or DWIs from other states).

    If you are charged with a DUI in CA, the Ohio DUI can be used as a prior, during that ten year period.
    Expunging the record (if Ohio allowed) will not stop the use of the Ohio DUI as a prior.

    You can either:
    1. ensure that you are not charged with a DUI in CA, or
    2. move back to Ohio, or
    3. move to another state with a lesser look-back period that CA's.

    I vote for #1.

    Otherwise, as it stands, your next DUI, if in CA, would be #2 DUI, with mandatory jail time, longer alcohol class, and usually an ignition interlock device.
  3. #3
    laserline is offline Junior Member
    Join Date
    Feb 2008
    Posts
    2
    That's pretty much what I thought the answer would be. My crime, my punishment.

    Thanks for your response, Garrula Lingua.

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