San Diego DUI defense lawyer news

After seven years of paying the consequences for a driving under the influence ticket, Tim Glaum was excited about returning to his career as a truck driver, but he soon found that wouldn't be possible.

When Glaum received a DUI, the California Department of Motor Vehicles reported the violation for seven years, but because of legislation passed under Senate Bill 597, DUI related convictions now stay on a person's DMV record for 10 years.

Glaum found out about the new law after he was hired as a truck driver and later told by the potential employer that he had the DUI on his record.

"It was embarrassing," Glaum said. "It made me look like a liar."

Glaum went to the local DMV where he found the DUI was in fact still on his record, and he found the law had changed to 10 years, although neither he nor the local DMV representative had known the law had changed, he said.

Glaum said for seven years, he had paid the price of getting a DUI and done everything required of him. Because of a learning disability and lack of other training, Glaum couldn't find another job that paid enough to support his family. He had been looking forward to again becoming a responsible member of the community, he said.

Last month, when the seven years was up, he had a truck driving job lined up, but when the company checked, the DUI was still on Glaum's record, as new legislation had extended the reporting period to 10 years.
"So basically, I was resentenced to another six years," Glaum said. "That's double jeopardy."

Effective January 1, 2007, new legislation extended the reporting period for DUI related offenses from 7 to 10 years for all "public requesters," including insurance companies, according to new California Department of Motor Vehicles Reportability Requirements.

Senator Tom Torlakson (D) Antioch, authored SB 597, which was sponsored by State Farm Insurance. State Farm argued in the bill analysis that the bill conformed to the "good driver" definition related to changes made in Proposition 103 and other legislation pertaining to drunk driving, including increased penalties that apply to two or more DUIs.

Glaum, however, contends that the change in reporting for 10 years will now cause some drivers to have back-to-back DUIs, that wouldn't have had two under the seven-year rule. Additionally, he says it is inherently unfair to drivers like himself who were convicted under the seven-year requirement to have the rules changed in midstream without them even being notified that the bill was in the legislature.

Glaum said he had suffered working at dead end jobs for seven years trying to support himself and his daughter, and he had done everything asked of him, including paying the fines, attending the DUI classes and quitting drinking completely.

Now changing the law was like changing a person's sentence in mid-stream for a past violation or crime, he said.

According to the new DUI Reportability Requirements by DMV, as of January 1, "If you request an out-of-house/public driving record printout, any DUI offense on your record will appear for 10 years from the violation date."

Still the change doesn't appear in the Vehicle Code. Rather SB 597 amends section 1861.025 of the Insurance Code, relating to auto insurance, according to the senate bill.

Still, Armando Botello, media information officer for DMV, said the DMV will keep drunk driving charges on a person's driving record because of provisions of the senate bill. Botello said the new DMV reporting rules are available at http://www.dmv.ca.gov/pubs/dui/reportability.htm.

The new law allows insurance companies access to driving record information to properly apply the new provisions of the Insurance Code established under the bill, to determine a customer's eligibility for a good driver discount, according to DMV. 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.

But with the DUI still on Glaum's record, he won't be able to work as a truck driver for at least three more years, and Glaum claims he was told by a DMV representative that the reporting period was going to increase to 13 years. However, Botello, the DMV spokesman, said that it will not increase to 13 years.

Still, according to DMV reportability requirements, a DUI remains on your driving record for 10 years and is reported to "all public requesters," including employers. DUIs that have gone off a person's record after seven years will reappear if they were received less than 10 years ago.

Glaum said he is going to protest the new legislation to everyone including the governor.

"If I have to, I will camp out on the governor's doorstep," Glaum said, "and I hope other people protest." "If the state can do this to me, they can do it to you by changing a law that affects you."