New California DUI Reportability Requirements
After January 1, 2007, if a person requests an out-of-house/public
driving record printout, any DUI offense on her or his record
will appear for 10 years from the DUI violation date
Q1. What changes will affect DUI offenses on a driving record?
A. Effective January 1, 2007, new legislation extends the
reporting period for DUI offenses from 7 to 10 years for
all public requestors, including insurance companies.
Q2. Why did the law change?
A. The new law allows insurance companies access to the
driving record information to properly apply the new provisions
of the Insurance Code established under Senate Bill 597
(2005), to determine a customer’s eligibility for
a good driver discount. Based on the new laws, drivers
with a DUI violation occurring within the past 10 years
are not entitled to receive a good driver discount.
Q3. I had a DUI in June 1999 that no longer appears on
my driving record. Will this violation now show on my
record again, since it occurred less than 10 years ago?
A. Yes, based on the new law, your DUI offense will appear
back on your driving record and will remain there until
June 2009, 10 years from the violation date.
Q4. I have been getting a “good driver” discount
on my car insurance ever since my 1998 DUI went off my
record in 2005. Will I still qualify for this discount?
A. Unfortunately, no. Under the new law, you may not qualify
for a good driver discount again until 2008, 10 years
from the date of your DUI violation. You may want to contact
your insurance representative if you have additional questions
regarding your insurance premiums.
Q5. Will my DUI violation automatically be removed from
my driving record after 10 years?
A. Yes, a DUI offense that occurred more than 10 years
ago will not appear on your out-of-house/public driving
record.
Q6. Will the new law affect me if my DUI violation occurred
over 10 years ago?
A. No, a DUI violation that is already more than 10 years
old will not reappear on your driving record.
Q7. How do I know which violations will report for 10
years?
A. Under the new law, any DUI violation under California
Vehicle Code sections 23140, 23152, or 23153 will report
for 10 years. There are some other non-DUI violations
(e.g. 23103.5 “wet” reckless) that will report
to courts and law enforcement for 10 years and may count
against you for the purpose of determining increased penalties
for repeat offenders, but will continue to show on a public
driving record for only 7 years.
Q8. Why is the DMV discriminating against individuals
with DUI offenses?
A. The department is not discriminating against individuals
with DUI offenses. It is implementing legislation that
is intended to discourage DUIs by increasing the time-period
that an offense remains on an individual’s driving
record.
Q9. Will an exception to the new law be made if an individual
has no tickets or violations after the DUI offense?
A. No, the 10-year reporting period applies to all non-commercial
drivers, even those who maintain a clean driving record
thereafter.
Q10. What will happen if my insurance company previously
gave me a good driver discount and now finds out I had
a DUI more than 7 years ago.
A. It will be up to your insurance company to correctly
apply the provisions of the Insurance Code and make decisions
regarding your policy based on specific entries on your
driving record. They may modify your existing policy,
offer you a new policy that does not include a good driver
discount, or cancel your policy completely.
Check with your insurance company representative if you
have specific questions related to your eligibility for
a good driver discount.
Q11. I drive for a living and my employer participates
in the DMV Employer Pull Notice (EPN) Program. My employer
is not aware that I had a DUI in December 1997. Will my
DUI now be reported to my employer?
A. Effective January 1, 2007, your DUI will again report
on your driving record since it occurred within the past
10 years. The department’s EPN program automatically
generates and mails a driver record to the employer for
newly enrolled drivers, or upon any action or activity
updated to the record, or annually for currently enrolled
drivers.
Although employers will not automatically be notified
of a DUI that reappears on a driving record when the new
law takes effect on January 1, 2007, the DUI violation
will appear on the next printout DMV provides to your
employer.
Q12. I drive for my employer. I’m afraid I will
lose my job if my employer finds out I had a DUI in 1998.
The DUI did not appear on my DMV printout that I provided
to my employer nine months ago when I was first hired.
A. It will be up to your employer to determine if the
DUI will affect your employment. You may want to discuss
your concerns with your employer.
Q13. How does the new law affect me if I have a commercial
driver license (CDL)?
A. The new law pertains only to non-commercial drivers.
Due to federal requirements established under the Motor
Carrier Safety Improvement Act of 1999 (MCSIA), the reporting
period for DUI violations is different for commercial
drivers.
For example, a conviction for a major violation committed
in a commercial vehicle (e.g. DUI) will be retained for
a period of 55 years on a CDL record, as will a driver
license suspension or any withdrawal action.
Q14. What will happen if my insurance policy is cancelled
because of a DUI violation?
A. If your insurance policy is cancelled for any reason,
you need to get new insurance right away, since it is
illegal to own or operate a vehicle without liability
insurance in California. You may want to check with your
own insurance company before going to another company;
they may offer you a policy without a good driver discount.
Current law requires your insurance company to electronically
report your insurance information to DMV. Once your insurance
company notifies the department that your policy has been
cancelled, you will receive a notice indicating that your
vehicle registration will be suspended if new insurance
information is not submitted within 45 days.
In addition to proof of insurance for registration, if
you are required to maintain a California Insurance Proof
Certificate (SR 22) for your driver license, you will
need to have your new insurance company file a new SR
22 with DMV immediately to avoid the suspension of your
driver license based on the cancellation of your insurance
proof certificate.
Q.15. Who can I contact as a reliable insurance company?
A. Feel free to contact John MacDonald Insurance Services
at (949) 788-1020 to help with your insurance needs &
answer any questions.
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San Diego County DUI Law Center
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