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A. The answer depends on the
date of conviction of the offense.
Until this year, California Insurance Code Section
1861.025 provided that a person was qualified to purchase a "Good Driver
Discount" auto insurance policy if he or she meets specified criteria,
including not having been convicted of various DUI-related offenses in the
prior seven years.
However, SB 597, which was enacted last year and took
effect on Jan. 1, 2006, increases the
waiting period from seven to 10 years in most cases.
As amended, Insurance Code Section 1861.025(c) now states
that a person cannot have a DUI-related conviction on their record,
"During the period commencing on January 1, 1999, or the date 10 years
prior to the date of application for the issuance or renewal of the Good
Driver Discount policy, whichever is later, and ending on the date of the
application for the issuance or renewal of the Good Driver Discount
policy."
The purpose of the language was to make the 10-year period apply
prospectively. For any incident that has already
occurred, January 1, 1999 is the later date
and therefore the seven-year period still applies. Going
forward, the seven year period will grow day-by-day until January 1, 2009, after which all policy applications will
have a full 10-year period.
Here is Section 1861.025, in its entirety:
CALIFORNIA INSURANCE CODE
SECTION 1861.025:
A person is qualified to purchase a Good Driver Discount policy if he or she
meets all of the following criteria:
(a) He or she has been licensed to drive a motor vehicle for the
previous three years.
(b) During the previous three
years, he or she has not done any of the following:
(1) Had more than one violation point count determined as
provided by subdivision (a), (b), (c), (d), (e), (g), or (h) of Section 12810
of the Vehicle Code, but subject to the following modifications:
For the purposes of this section, the driver of a motor vehicle
involved in an accident for which he or she was principally at fault that
resulted only in damage to property shall receive one violation point count,
in addition to any other violation points that may be
imposed for this accident.
If, under Section 488 or 488.5, an insurer is prohibited from
increasing the premium on a policy on account of a violation, that violation
shall not be included in determining the point count of the person.
If a violation is required to be
reported under Section 1816 of the Vehicle Code, or under Section 784 of the
Welfare and Institutions Code, or any other provision requiring the reporting
of a violation by a minor, the violation shall be included for the purposes
of this section in determining the point count in the same manner as is
applicable to adult violations.
(2) Had more than one dismissal
pursuant to Section 1803.5 of the Vehicle Code that was not made confidential
pursuant to Section 1808.7 of the Vehicle Code, in the 36-month period for
violations that would have resulted in the imposition of more than one
violation point count under paragraph (1) if the complaint had not been
dismissed.! (3) Was the driver of a motor
vehicle involved in an accident that resulted in bodily injury or in the
death of any person and was principally at fault? The
commissioner shall adopt regulations setting guidelines to be used by
insurers for the determination of fault for the purposes of this paragraph
and paragraph (1).
(c) During the period commencing on
January 1, 1999, or the date 10 years prior to the date of application for
the issuance or renewal of the Good Driver Discount policy, whichever is
later, and ending on the date of the application for the issuance or renewal
of the Good Driver Discount policy, he or she has not been convicted of a
violation of Section 23140, 23152, or 23153 of the Vehicle Code, a felony
violation of Section 23550 or 23566, or former Section 23175 or, as those
sections read on January 1, 1999, of the Vehicle Code, or a violation of
Section 191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code.
(d) Any person who claims that he or she meets the criteria of
subdivisions (a), (b), and (c) based entirely or partially on a driver's
license and driving experience acquired anywhere other than in the United
States or Canada is rebuttably presumed to be
qualified to purchase a Good Driver Discount policy if he or she has been
licensed to drive in the United States or Canada for at least the previous 18
months and meets the criteria of subdivisions (a), (b), and (c) for that
period.
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