How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask AttorneyTom Your Own Question
AttorneyTom
AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience:  Attorney
18048122
Type Your Criminal Law Question Here...
AttorneyTom is online now
A new question is answered every 9 seconds

I had a dui in 2000. I plead no contest and was on probation

Customer Question

I had a dui in 2000. I plead no contest and was on probation for 3 years. It has been dismissend and expunged. My husband tells me if I am stopped for a routine reason, and I am found to have any measurable amount of alcohol in my syste, I can be arrested for felony dui for the rest of my life. Is this true?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 5 years ago.
Hello! I'm sorry to hear about the previous charge.

That's not accurate.

The same alcohol limits exist for second and subsequent DUI charges and the state still has the responsibility of showing that an individual is over the limit or less safe due to alcohol for a second conviction.
However, penalties are generally higher for subsequent convictions.

For a person who is under 21 or for a person who is currently on probation, that would be a different matter and different issues could come into play.

See: http://www.dmv.ca.gov/pubs/hdbk/duichart.htm

I know that this may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.