What to do if I was charged and pleaded guilty to a DUI while I was on active duty because I was sleeping in the car with the keys inside?

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What to do if I was charged and pleaded guilty to a DUI while I was on active duty because I was sleeping in the car with the keys inside?

I completed everything (fine, community service and my overnight stay), waited my time, and paid the DMV here. My license was un-suspended and I went about my way. My out of state driver’s license is coming up for renewal, it was never suspended and it isn’t on my driving record. I found this out when I pulled my record online. When I renew my license I have to report my DUI conviction on the application. Will I be charged a second time or will my license be re-suspended?

Asked on July 15, 2013 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written about, you have served your sentence for the DUI conviction in the one state where you were arrested. As a result, you cannot and will not be charged a second time for the same offense with respect to the state that issued your out of state license under the legal theory of double jeopardy.


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