darin3 Posted February 8, 2007 Share Posted February 8, 2007 I mean not to hijack this thread, but a couple of questions for our lawyers and people in the know: 1) Is your slate ever wiped clear for a DUI? 2) In a job interview/application, when a question comes up about a DUI, does one have to admit it even if it happened 20 years ago? The reason I ask is that an old friend/neighbor and I were talking and her daughter had a DUI @ 18-19yo, which was ~20 years ago. She applied for a job at a CA PD to do PT work for the 911 line. The application pretty much stated (or the person admin'ing it) said if you EVER had a DUI, don't even apply! Is that legal? Is that fair? I call BS if they ca do that! It's like you were arrested for shoplifting @ 13yo, so write off any job that deals w/ money, goods, etc??? Comments?? Sorry for the hijack, but this thread might be getting gunned as I type anyway. Edit for: Or should I start a new post? 1. As noted for several responses here, I think it depends on the state. I think for California, it's 3 years of "informal probation", as in "don't do ANYTHING wrong... period". Add in the higher insurance costs (I think this is 3 years) and I forget what the statute of limitations is for a 2nd DUI. But there is one. So, that said, it appears - at least in Cali - the "slate" is pretty much wiped after a certain amount of time. 2. If you weren't convicted of FELONY DUI, then no. Most DUIs are misdemeanors, which applications/interviewers don't (or can't?) ask about. I believe you must divulge any felony offenses. 3. Legal? I guess. 4. Fair? I'd say no. But if you're going to be in law enforcement, your record should be spot-free. Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted February 8, 2007 Share Posted February 8, 2007 I'd say don't put it down and see how thorough their background check is. But I'm ethically challenged. But after the questionnaire/app., she had to take a lie detector test. Frankly, except for rape, murder, incest, child molestation and maybe a few more I can't think of right now, nobody should be held responsible for anything they did before they were 21 years old. I mean that! Quote Link to comment Share on other sites More sharing options...
CarryTheRock Posted February 8, 2007 Author Share Posted February 8, 2007 But after the questionnaire/app., she had to take a lie detector test. Frankly, except for rape, murder, incest, child molestation and maybe a few more I can't think of right now, nobody should be held responsible for anything they did before they were 21 years old. I mean that! I noted in the first post that I had one 18 years ago when I was 18. In Iowa after 12 years if you get one it is considered a 1st offense, BUT it still shows up on Criminal background checks. Everytime I get a new job in Human Services I have to send a letter to the state telling them what happened and they determine if I can work or not at the place that hired me. Quote Link to comment Share on other sites More sharing options...
CarryTheRock Posted February 8, 2007 Author Share Posted February 8, 2007 Not to be a prick, but I'm glad you got caught. I hope you never do it again. look prick, I said the same thing about myself about five pages ago Quote Link to comment Share on other sites More sharing options...
ebartender Posted February 8, 2007 Share Posted February 8, 2007 I sorted through most of this post and can't believe how many people seem to be OK with a slap on the wrist for getting caught drinking and driving. It seems like a lot of people say that since no one was killed or seriously injured it was OK. First offense should be a big fine and loss of license for 3-6 months. Second offense should be a bigger fine and loss of license for 6-12 months. Third offense should be loss of license forever. My buddy was hit by a drunk driver a few years ago. He is still in a coma today. Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted February 8, 2007 Share Posted February 8, 2007 1. As noted for several responses here, I think it depends on the state. I think for California, it's 3 years of "informal probation", as in "don't do ANYTHING wrong... period". Add in the higher insurance costs (I think this is 3 years) and I forget what the statute of limitations is for a 2nd DUI. But there is one. So, that said, it appears - at least in Cali - the "slate" is pretty much wiped after a certain amount of time. 2. If you weren't convicted of FELONY DUI, then no. Most DUIs are misdemeanors, which applications/interviewers don't (or can't?) ask about. I believe you must divulge any felony offenses. 3. Legal? I guess. 4. Fair? I'd say no. But if you're going to be in law enforcement, your record should be spot-free. 1. She was in CA @ the time and that's what they told her. 2. No felony DUI, she was 18-19 in IL. They DID ask about it. It was the first question on the app. 3. Shouldn't be. But I don't think most would argue that. 4. NOD, on fair, but I know several policemen/lawyers that have less than a perfect background as a pre-21yo! I don't even want to start on IL's Govs, Mayors, etc! Quote Link to comment Share on other sites More sharing options...
Chavez Posted February 8, 2007 Share Posted February 8, 2007 But after the questionnaire/app., she had to take a lie detector test. If you don't try to beat a lie detector and instead get yourself worked up so as to make ALL the answers useless, you might squeak by. Quote Link to comment Share on other sites More sharing options...
Jimmy Neutron Posted February 8, 2007 Share Posted February 8, 2007 look prick, I said the same thing about myself about five pages ago Very well. Carry on. Quote Link to comment Share on other sites More sharing options...
Chavez Posted February 8, 2007 Share Posted February 8, 2007 I sorted through most of this post and can't believe how many people seem to be OK with a slap on the wrist for getting caught drinking and driving. Why? Because it's an error in judgement just about everyone has made. We're taking it at face value that CTR is a good guy, has completely learned his lesson, and will refrain from doing so again. Bottom line is it IS a drunk driver off the road, with no loss of life or property damage. Sorry about your friend, but I don't think that people with a hard-on for vengeance are the best people to pass sentence on those who make a similar error. Quote Link to comment Share on other sites More sharing options...
darin3 Posted February 8, 2007 Share Posted February 8, 2007 Very well. Carry on. With the rock? Quote Link to comment Share on other sites More sharing options...
darin3 Posted February 8, 2007 Share Posted February 8, 2007 I sorted through most of this post and can't believe how many people seem to be OK with a slap on the wrist for getting caught drinking and driving. It seems like a lot of people say that since no one was killed or seriously injured it was OK. First offense should be a big fine and loss of license for 3-6 months. Second offense should be a bigger fine and loss of license for 6-12 months. Third offense should be loss of license forever. My buddy was hit by a drunk driver a few years ago. He is still in a coma today. Why? Because it's an error in judgement just about everyone has made. We're taking it at face value that CTR is a good guy, has completely learned his lesson, and will refrain from doing so again. Bottom line is it IS a drunk driver off the road, with no loss of life or property damage. Sorry about your friend, but I don't think that people with a hard-on for vengeance are the best people to pass sentence on those who make a similar error. Yeah, call me the village idiot, but I'm probably the LAST person on Earth one would think would get a DUI, after the tragic loss of my friend in an alcohol-related car accident. But I had a lapse in judgment (and a twinge of bad luck) and got one. I totally accepted the hardships to my time, wallet and pride that were associated with my mistake. I get the feeling CtR is in a similar vain here. And ebartender, I'm sorry to hear about your friend. I can certainly sympathize. Quote Link to comment Share on other sites More sharing options...
HowboutthemCowboys Posted February 8, 2007 Share Posted February 8, 2007 If you don't try to beat a lie detector "Just remember, it's not a lie...if you believe it." anybody remember who said it? Quote Link to comment Share on other sites More sharing options...
Menudo Posted February 8, 2007 Share Posted February 8, 2007 "Just remember, it's not a lie...if you believe it." anybody remember who said it? My idol - George Costanza Quote Link to comment Share on other sites More sharing options...
Chavez Posted February 8, 2007 Share Posted February 8, 2007 "Just remember, it's not a lie...if you believe it." anybody remember who said it? The one and only George Costanza. Quote Link to comment Share on other sites More sharing options...
ebartender Posted February 8, 2007 Share Posted February 8, 2007 Why? Because it's an error in judgement just about everyone has made. We're taking it at face value that CTR is a good guy, has completely learned his lesson, and will refrain from doing so again. Bottom line is it IS a drunk driver off the road, with no loss of life or property damage. Sorry about your friend, but I don't think that people with a hard-on for vengeance are the best people to pass sentence on those who make a similar error. Maybe if the punishment was more severe, people wouldn't make the same mistake over and over again. That is all I was saying. I am not trying to make CTR out as some kind of monster, but in my buddy's case do you think his family looks at it like the person just made an error in judgement? Just because no one was hurt doesn't make it any better. Quote Link to comment Share on other sites More sharing options...
Chavez Posted February 8, 2007 Share Posted February 8, 2007 Maybe if the punishment was more severe, people wouldn't make the same mistake over and over again. I agree - I think higher limits and more severe punishments are the way to go. Just because no one was hurt doesn't make it any better. I don't know about that. If you fire a loaded gun and the bullet gets stuck in a wall or whatever, is that better than the bullet getting lodged in someone's head? I tend to think so. Quote Link to comment Share on other sites More sharing options...
darin3 Posted February 8, 2007 Share Posted February 8, 2007 Maybe if the punishment was more severe, people wouldn't make the same mistake over and over again. That is all I was saying. I am not trying to make CTR out as some kind of monster, but in my buddy's case do you think his family looks at it like the person just made an error in judgement? Just because no one was hurt doesn't make it any better. People are going to do stupid chit no matter what the punishment is. Unfortunate and sad, but true. Quote Link to comment Share on other sites More sharing options...
HowboutthemCowboys Posted February 8, 2007 Share Posted February 8, 2007 The one and only George Costanza. My idol - George Costanza you guys are quick... Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted February 8, 2007 Share Posted February 8, 2007 (edited) I noted in the first post that I had one 18 years ago when I was 18. In Iowa after 12 years if you get one it is considered a 1st offense, BUT it still shows up on Criminal background checks. Everytime I get a new job in Human Services I have to send a letter to the state telling them what happened and they determine if I can work or not at the place that hired me. That's a bummer! Jeeze....., murders get better treatment than that! It's not right! look prick, I said the same thing about myself about five pages ago CTR......CHILL, baby, CHILL!!! I sorted through most of this post and can't believe how many people seem to be OK with a slap on the wrist for getting caught drinking and driving. It seems like a lot of people say that since no one was killed or seriously injured it was OK. First offense should be a big fine and loss of license for 3-6 months. Second offense should be a bigger fine and loss of license for 6-12 months. Third offense should be loss of license forever. My buddy was hit by a drunk driver a few years ago. He is still in a coma today. What I would have gotten 25 years ago for a DUI WAS a slap on the wrist! $1500, hire a lawyer, and it wasn't even on your record. I don't think that exists in any state anymore. To punish someone for the rest of their life for a DUI I believe is unjust! And don't give me that "Well if he was caught, he must have done it for years BS!". Maybe and maybe not. That is a bad argument! You didn't say it yet, but someone will. I was coming home (5am) from a good time w/ many buds many years ago. Not sure if I'm drunk or just tired. Long story short, I'm 2 miles from home and I look in my mirror and there is a local cop right behind me. I drive, turn right and he's still there. I turn left onto my street and he's still there. I look in the mirror after 100' or so and he's still there and I'm over the center line! I look again, he's still there and again I'm over the centerline! I pull into my driveway, get out, walk to the house and the cop is sitting right in front of my house! I go in the house, look thru the window, the cop flashes his lights twice and pulls away! That did more for me than a DUI would have! I can say w/a straight face, I have never driven "drunk" since then and that was before my daughter was born, and most here know how old she is now. Bottom line, I don't think someone should lose their livelihood for a moments indiscretion! First offense, make him/her hurt financially. Second offense, fry their ass. 2 days in jail mandatory for a first offense is BS! Especially when added to the stigma, potential job loss, and financial obligations! DUI's are bad! Period! But ruining someone's life and their family's lives won't help the situation. Just like our war on drugs and prostitution! Yeah, that's workin' real well! But I digress.... 2nd Bottom line: DUI's have to be curbed. First timers should NOT be treated in such a way that it makes them bitter and NOT repentant, which is what the current laws do. Hammer on the second and more offenders! Ok, grill me if you want. Edited February 8, 2007 by rocknrobn26 Quote Link to comment Share on other sites More sharing options...
Furd Posted February 8, 2007 Share Posted February 8, 2007 (edited) I mean not to hijack this thread, but a couple of questions for our lawyers and people in the know: 1) Is your slate ever wiped clear for a DUI? In Michigan, I believe that it stays on your record for life. 2) In a job interview/application, when a question comes up about a DUI, does one have to admit it even if it happened 20 years ago? No. You can lie about it and face ramifications if your employer/potential employer finds out that you lied. The reason I ask is that an old friend/neighbor and I were talking and her daughter had a DUI @ 18-19yo, which was ~20 years ago. She applied for a job at a CA PD to do PT work for the 911 line. The application pretty much stated (or the person admin'ing it) said if you EVER had a DUI, don't even apply! Is that legal? Yes Is that fair? I'm not sure what that means. EDIT: In Illinois, a DUI conviction with a BAC of .08 or better stays on your driving record permanently. link Edited February 8, 2007 by Furd Quote Link to comment Share on other sites More sharing options...
The Holy Roller Posted February 8, 2007 Share Posted February 8, 2007 That's a bummer! Jeeze....., murders get better treatment than that! It's not right! CTR......CHILL, baby, CHILL!!! What I would have gotten 25 years ago for a DUI WAS a slap on the wrist! $1500, hire a lawyer, and it wasn't even on your record. I don't think that exists in any state anymore. To punish someone for the rest of their life for a DUI I believe is unjust! And don't give me that "Well if he was caught, he must have done it for years BS!". Maybe and maybe not. That is a bad argument! You didn't say it yet, but someone will. I was coming home (5am) from a good time w/ many buds many years ago. Not sure if I'm drunk or just tired. Long story short, I'm 2 miles from home and I look in my mirror and there is a local cop right behind me. I drive, turn right and he's still there. I turn left onto my street and he's still there. I look in the mirror after 100' or so and he's still there and I'm over the center line! I look again, he's still there and again I'm over the centerline! I pull into my driveway, get out, walk to the house and the cop is sitting right in front of my house! I go in the house, look thru the window, the cop flashes his lights twice and pulls away! That did more for me than a DUI would have! I can say w/a straight face, I have never driven "drunk" since then and that was before my daughter was born, and most here know how old she is now. Bottom line, I don't think someone should lose their livelihood for a moments indiscretion! First offense, make him/her hurt financially. Second offense, fry their ass. 2 days in jail mandatory for a first offense is BS! Especially when added to the stigma, potential job loss, and financial obligations! DUI's are bad! Period! But ruining someone's life and their family's lives won't help the situation. Just like our war on drugs and prostitution! Yeah, that's workin' real well! But I digress.... 2nd Bottom line: DUI's have to be curbed. First timers should NOT be treated in such a way that it makes them bitter and NOT repentant, which is what the current laws do. Hammer on the second and more offenders! Ok, grill me if you want. We have a war on prostitution?! Sign me up. I'll fight that war. Quote Link to comment Share on other sites More sharing options...
rocknrobn26 Posted February 8, 2007 Share Posted February 8, 2007 EDIT: In Illinois, a DUI conviction with a BAC of .08 or better stays on your driving record permanently. link That is stoopid!!!! We have a war on prostitution?! Sign me up. I'll fight that war. In the back of the line, youngin'! I AM the first defense in that war! "Oh hi, sweetie....I didn't know you were standing behind me whilst I was typing!" "What was I typing? Oh, nothing you'd be interested in." "Wow.....look at that. The browser f'd up again! " "I wish I could show you what I typed, but it's gone forever." "Yes, dear, I'll make coffee for tomorrow!" Quote Link to comment Share on other sites More sharing options...
broncosn05 Posted February 8, 2007 Share Posted February 8, 2007 Cool this thread actually taught me something. Thanks. BTW bummer Carrytherock. Quote Link to comment Share on other sites More sharing options...
Big Country Posted February 8, 2007 Share Posted February 8, 2007 1. As noted for several responses here, I think it depends on the state. I think for California, it's 3 years of "informal probation", as in "don't do ANYTHING wrong... period". Add in the higher insurance costs (I think this is 3 years) and I forget what the statute of limitations is for a 2nd DUI. But there is one. So, that said, it appears - at least in Cali - the "slate" is pretty much wiped after a certain amount of time. This is the real reason Darin moved out of California Quote Link to comment Share on other sites More sharing options...
darin3 Posted February 8, 2007 Share Posted February 8, 2007 This is the real reason Darin moved out of California That and the lack of armadillo burgers. Quote Link to comment Share on other sites More sharing options...
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