that requires the DMV to report DUI for 10 years instead of the previous 7? My question really is this: The Law reads that it is for the purpose of eligibility for the "good driver discount", but the violation is reported for 10 years, so is it still considered a DUI by insurance companies or merely disqualify you for the good driver? Do the two points remain on your record for the full 10? Thanks for any explanations, Ive been pretty confused by this.
You have a valid question and a question I am asked often. The Good Driver Discount is a state mandated discount, which means that all insurance companies must abide by the same rules when allowing or taking away this discount. Not all states offer this discount program. California I believe is one of the few states that do offer this program. For now we will focus on California. As of January 1, 2007, If one gets a DUI (or a wet reckless) the DUI will remain on there record for 10 years (used to be 7 years). This means that one would lose there Good Driver Discount for 10 years. However, the violation (or points) surcharge would only stay on their insurance record for 3 years from the conviction date (not violation date).
Let's Recap:
- DUI or Wet Reckless charged 9/1/07
- Insurance Surcharges apply for 3 years from conviction date, 9/1/10
- Good Driver Discount lost for 10 years, 9/1/17
Violation Date=the day you are pulled over and written up a citation.
Conviction Date=the date you are officially charged by the court.
The Conviction Date often gets in the way of points coming off our insurance record, thus lowering our insurance rates. For instance, one gets a citation today (Violation Date). They try and fight it and end up losing. Meanwhile, time is going by without starting the 3-year clock. Let's say 6 months from now comes the Conviction Date, due to fighting the citation. This chargeable violation (surcharge) would stay on your insurance record for 3.5 years due to the Conviction Date. I often tell my clients to pay their penalties ASAP in order to start the 3-year clock.
Here is some other important information I found on the CA DMV Web site:
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:
* A first offense will result in a 4-month suspension.
* A second or subsequent offense within 10 years will result in a 1-year suspension.
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.