If someone got a DUI 8 years ago and received another one right now, would that person be under the 10-year rule according to CA law? If so, what are the consequences?
Yes, if a person is convicted of a DUI (Vehicle Code Section 23152) and the offense occurred within 10 years of a separate California adult DUI or Wet Reckless conviction, then the new conviction is considered a second offense. In Sonoma County, the consequences of a second DUI would be next to nothing if you get a good local Sonoma County DUI lawyer and beat the case in court and at Santa Rosa DMV. In addition, a good local Santa Rosa DUI attorney may be able to examine the first DUI conviction and have it tossed, or reduce the second DUI to a wet reckless, or both, or better. The consequences of a second DUI conviction if you fight and lose, or do not fight at all, vary widely depending partly on the severity of the first case and the nature of the allegations in the second case (such as injuries, blood alcohol level, refusal, driving behavior, hit & run, kids in the car) and also whether there are other DUI convictions outside the 10 years, or other types of prior convictions, age o