Thank you for responding to my post.
Regarding the laws in the State of California:
With respect to the dismissal of 3 years ago, if it was dismissed WITH PREJUDICE, parties are barred from bringing an action on this matter. Otherwise, filed WITHOUT PREJUDICE, the court can possibly prosecute this matter - but, there is also the statute of limitations to consider.
It is to be noted that on DUI cases, the court usually permits prosecution of same for at least one year, sometimes longer after the offense occurred.
California currently has a DUI "washout" period of 7 years, calculated from arrest date to arrest date. This means that if someone is arrested for DUI within 7 years of the last arrest date, the new case will be treated as a second offense. However, recent legislation in California has expanded this law to 10 years. This means that more DUI cases in California will be treated as second (or third, or fourth) offenses, with increased punishment for those who thought they were out of the woods regarding a prior conviction. The punishment in court for a second or third drunk driving conviction is much harsher than for a first offense: it involves mandatory jail terms, an 18-month alcohol education program, a required ignition interlock device, and more.
California DUI LAW
This is just a general idea - as I'm not privy to your husband's court file nor, of course, am I a lawyer. Naturally, there is an issue with prior convictions - and what about probation.... although you state your husband is no longer on parole?
The laws have changed here in California, which you are certainly aware of - and I do not wish to mislead you at all.....therefore, I strongly suggest that you consult with an attorney who can advise you/your husband of his rights. If you wish, I can refer you to my former employer who specializes in criminal law.
Please let me know if you wish for further information.
Peace, Love & Happiness,
The Mystic Wave
Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.