Renting a Car after DUI, or I ❤️ Budget

Photo Credit: eBay 01a*

Recently I was traveling and decided to rent a car again. I reserved a car through Budget, because the first time around went smoothly. This was in a different state than the last time, but they also had a touch pad of terms and conditions I had to scroll through. I glanced quickly through them, but zeroed in on “24 months” – the length of time since your last major violation in order to rent a car. This was half the time specified at my previous car rental. This probably means that there isn’t a standard policy out there for when rental car companies will rent to you with a DUI. Regardless, my experience with Budget has been great and they’ll be my go-to for renting a car.

Renting a Car after DUI

Photo Credit: Ron Antonelli/Bloomberg

It’s been four and a half years since my DUI, and it generally never came up that I needed to rent a car. Even when traveling, most of the time it made sense just to use a car service. But last month, I decided to rent a car while traveling. I had done some research about renting a car when you have a recent DUI on your driving record, but I didn’t find anything I thought was authoritative. (It’s the driving record that counts, not the court conviction. I got my record expunged, so I no longer have a conviction, but the DUI should stay on my driving record for another six and a half years.) Some places I saw the phrase “36 months” and others I’ve seen “48 months” to reference how long it should’ve been since you’ve had a major violation, not just DUI.

Without looking too much into it, I decided to reserve a car at Budget, because I had a discount code and I thought, “Why not?” If by chance they refused to rent a car to me, since it was at one of those mega airport car rental centers, I figured I’d move on to another company until one would rent to me. That’s still a gamble, of course, because all the companies could have the same policies. Or they could have no cars without a reservation.

When I went to pick up the car, I signed an agreement on a touch pad that I only glossed over. But one phrase stuck out to me and that was “48 months.” My DUI was 54 months ago so I was in the clear. I can’t say if they ran a driving record report on me, but I’d be really surprised if they did.

Your mileage may vary.

You’ve Been Expunged!

Expungements, etc. Photo Credit: Vitaly S. Alexius

My three-year probation ended on January 20, 2018.  In the early days of my probation, I thought I would be gung-ho about getting the record expunged. When the date rolled around, I had more of a “when I get to it” attitude. I think that generally reflects how I feel about the DUI. It’s not something I’m proud of, but it isn’t the end of the world.

Nevertheless, I gave my lawyer a call a month later and asked about the expungement. It was a brief call. I was asked to make out a check for $120 to the Los Angeles Superior Court and send it to her office. She would file the expungement paperwork with the check, but wouldn’t charge me extra.

Two more months passed by and I never heard from my lawyer, but I noticed the check was cashed. On May 1st, she sent me an e-mail saying that the expungement was processed and she would send me a copy of the court document. I never received one, but I haven’t felt like I needed it.

Last month I decided to run a criminal background check on myself after seeing someone I know who is an HR professional post something about it on LinkedIn. I ordered a background check from GoodHire and my record came back clean. I can safely say to most prospective employers that I don’t have a criminal record, but should still be careful how I answer based on the wording of the question. (e.g. Have you ever been arrested?) The DUI will also be active on my DMV record for another 7 years, but I can live with that.

The other requirement that ended was the need to have an SR-22 on file with the DMV. One less $15 I need to spend!

O Canada, Part 2

Photo Credit: The Canadian Jewish News

In my last post, I went into detail about applying for a Temporary Resident Permit (TRP) to visit Canada. Since DUIs are felonies in Canada, they reserve the right to turn away visitors from other countries, even if the DUI is not a felony in their own countries.

I heard back from the Canadian Consulate yesterday, saying they approved my application. It took them nearly three months. (I first received confirmation that they received my application on May 2nd. They approved it July 31st.) They sent me a PDF letter approving me to travel to Canada from August 18-25.

However… I already cancelled my trip! In order to receive the majority of refunds for the event I was planning to attend, I needed to cancel by July 18th. Ho hum.

At least I know what I need to do if I want to travel to Canada in the future and, besides the wait time, it seems like it isn’t too difficult to get the application approved.

O Canaduh

When I tell people I have a DUI, one of the tidbits they find the hardest to believe is I can’t travel to Canada. How is it that I, an American citizen, golden ticket holder to the world, can’t travel to the Neighbor to the North? Well, the US warns us about it here:

Can I enter Canada and the U.S. if I have a DUI on my record?

Canada may not allow persons with DUI (driving under the influence of drugs or alcohol) convictions to enter their country. A Canadian immigration officer will decide if you can enter Canada when you apply for a visa, an Electronic Travel Authorization (eTA), or upon your arrival at a port of entry.

And the Canadians say something about it here:

If you have been convicted of driving while impaired by alcohol or drugs, you will probably be found criminally inadmissible to Canada.

I want to travel to Canada for a few days in August 2017, so I put together an application for a Temporary Resident Permit. For DUI convictions less than five years old, this is a way to gain entry to Canada for a short period of time. For older convictions, you can apply for Criminal Rehabilitation on the same form, allowing you to travel to Canada freely.

I had a hard time finding reliable information on how to to put together an application. The Canadian immigration website took me through a labyrinth of clicks and I never found exactly what I needed.

I found a forum post by someone who claimed to put together a successful application that was approved in six business days. That gave me some hope, so I followed his instructions:

I just successfully applied for TRP thru the mail/online.

follow these instructions/Include all these things in your packet to send to the Canadian Consulate:

1. Download/print/fill out the form IMM 1444 (application for criminal rehabilitation) “www.cic.gc.ca/english/pdf/kits/forms/IMM1444E.pdf”

2. Check the “FOR INFORMATION ONLY” box (sec A part 2)

3. On top of the first page of the form just write on it “TRP”

4. Photocopy of your Passport/Birth Cert/Drivers Lic, (really only need passport)

5. Compelling letter written by you or someone who can write a nicely worded proper letter. This letter must explain why you are not admissible, the details of your arrest/conviction, your explanation for why you not a threat to society, your good reason for coming to Canada, and the time/dates you’ll be there.

6. Copies of Any paperwork related to your conviction/sentence/fees paid/court docs/rehab completed/… basically official court docs showing what/when you were convicted of and the sentence imposed and anything that says you completed sentence/rehab.

7. Copy of your itinerary with your Canadian trip. This can be a print out of your schedule, what hotels your staying at, your airline ticket info, addresses of where you’ll be staying, where you’ll be crossing the border etc… as much info as you can give.

8. between 1 and 3 character references. Write a nice letter saying what normal responsible individual you are and have a boss or co worker or friend sign it. Look up character reference letter. They ask for 3 letters, I gave 1 letter and 2 references the could contact.(they did not)

9. PAY THE FEE! It cost $200 Canadian dollars to process this. The fee can be paid online and then you print out a receipt. You must provide the internet receipt with a bar code on it. The most common reason for returned form is incorrect fees. “www.cic.gc.ca/english/information/fees/index.asp”

10. Copy of the Canadian law you broke – look it up online and print it out, it will help your agent process your paperwork.

I asked them to make my TRP good for all year but they only made it valid for the time I showed on my itineraries, so unless you have proof of your travels for all year they may only make it good for the duration you can account for.

I have gotten a TRP at the border before but it takes hours, and the border agents always say i should have taken care of it before hand. Generally you can get one at the border, I think they will turn you away only if you’re a jerk or a really violent criminal.

From the time they received my packet at the consulate to when I got the email from them saying it was approved was 6 business days. I was very surprised by how fast the response was. The agents told me the average process time is 10 business days.

You can also include a return envelope in the packet so they can return correspondence to you quickly with no email. I included a pre paid express envelope with tracking, but they just emailed me the letter… waste of envelope

Put all this in a big envelope and send it to the Canadian Consulate: Immigration section. Depending on what part of the US you live in, I live west coast and I sent mine to the L.A. consulate office:

Immigration Section/Canadian Consulate
550 S. Hope Street, 9th Floor
Los Angeles, CA 90071
re: Application for Temporary Resident Permit

Provide your email address on the form and they will email you a letter that you take to the border with you and your all good!

The TRP process is similar to the rehabilitation process but you don’t have to include all of the really difficult documents that take months to get like an FBI report and local police clearance etc… 5 years after your sentence completion you are eligible for Canadian “Rehabilitation” which means you wont need TRP ever again and you can come and go freely. Rehabilitation is a lengthy semi expensive process that takes months to get and lots of paperwork.

Check out “www.cic.gc.ca/english/pdf/kits/forms/IMM5507E.pdf”
also “www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp“

I booked all of my travel and accommodations to send the itineraries with the application. This seemed silly to me, because what if I’m not approved? A friend of mine who isn’t a US citizen and has a work visa said to me, “Welcome to my world.” It’s not something I had to think about before my DUI.

I booked mostly refundable tickets and accommodations, and I put together a packet with 21 pages. It included:

• IMM1444E form.
• A list of all of my jobs and residences since I was 18 years old.
• Statement about what happened that led to my arrest, why I’m traveling to Canada, and why I’m not a threat.
• Copy of a court document with my conviction and sentence information.
• Copies of all documents that show I’ve completed nearly all of my sentence requirements (the only thing left is I’m still on probation).
• A letter from my lawyer stating I’ve completed my requirements.
• Copies of my itineraries.
• Copy of my passport.
• Copy of the Vehicle Code law pertaining to DUI.
• Receipt of CA$200 fee paid.

I didn’t think I needed to get character references like the forum poster did. The IMM1444E form didn’t say anything about including something like that. I sent off the packet in a USPS Priority mailer and received this e-mail reply from the Canadian Consulate 10 days later:

Dear Sir/Madam:

This email refers to your Application for Temporary Resident Permit (XXXXXXXXXX).

We received your application on_May 02, 2017______ and it is now in queue for review by an Immigration Officer. As we are currently receiving a high number of TRP applications, current processing time is about 4 months for most cases.

Expedited processing, normally just prior to the proposed dates of travel, is reserved for cases with substantial documentation relating to one of the following:

Commercial activity (including the entertainment industry) with a significant economic impact and pre-arranged dates.
Urgent family matters, normally with humanitarian and compassionate circumstances.

Please note that, tourism, routine family visits, transportation work, unspecified business, and transit through Canada do not meet these criteria. If you are receiving this e-mail, it has been determined that your application does not meet the requirements for expedited processing.

The application checklist outlines the required documents:
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5939E.pdf
If any relevant items are missing when your file is assessed, it could lead to the refusal of the application.

All inquiries or submissions regarding applications for Temporary Resident Permit should be made via e-mail only. Telephone or in person inquiries are not accepted. Please note, we are not able to reply to status inquiries regarding non-urgent cases or cases in queue for less than 12 months.

Sincerely,

Citizenship and Immigration Canada

Four months?! Also, after looking at the checklist they mentioned, it’s not clear to me which requirements are just for Criminal Rehabilitation, just the Temporary Resident Permit, or both. There are things I am missing if the items do apply to the Temporary Resident Permit, but it seems like I can’t even ask about it until a year has passed.

The dates on which I want to travel are three months away. If I don’t hear from the Canadians before then, I will probably wait until two weeks before to cancel the plans. At least I have the flexibility and this isn’t a trip I really need to take.

Oxygen-wasting human forms of pollution

During Super Bowl 50, one commercial in particular stuck out to me. It was a Budweiser commercial with Helen Mirren in which she berates drunk drivers. Here is what she says:

Hello. I’m Helen Mirren, a notoriously frank and uncensored British lady. The collective we are dumbfounded that people still drive drunk. So I’ll sum it up like this. If you drive drunk, you, simply put, are a short-sighted, utterly useless, oxygen-wasting human form of pollution. A Darwin award-deserving, selfish coward. If your brain was donated to science, science would return it. So stop it. Now the chances are you’re a fun, solid, respectable human being. Don’t be pillock. Your friends and family thank you. The friends and family of other drivers thank you. Your future self thanks you. This is supposed to be fun. Cheers.

Predictably, the commercial has received praise for hilariously destroying (or some other hyperbolic phrase) drunk drivers.

With all of the things I had to attend after my DUI conviction, there was a persistent notion that I should be ashamed of myself. That all DUI convicts should be ashamed of themselves. I never bought into that. At the time, I was embarrassed about my DUI. (I’m not anymore; I’ll tell anyone I have a DUI.) But, I was never ashamed because I knew the DUI wasn’t reflective of who I am as a person.

I was probably the only one who felt that way, though. One of the counselors at my AB 541 program said, “Shame works.” I had to laugh. It seemed like an antiquated idea borrowed from certain religions. (I question how well shame has worked for them.)

I don’t believe shame works. I think shame just makes one group of people feel bad and more likely to hide their behavior, while letting the other group of people feel superior because they haven’t been caught, reinforcing that there’s nothing wrong with what they’re doing.

Drinking and driving is very common. According to MADD, people drink and drive 300,000 times a day and only 4,000 are caught. At times, it feels like the 1% that gets caught has to pay for the 99% that doesn’t get caught.

I don’t let myself fall into the trap of thinking why did I get caught when so many others don’t. However, I get very annoyed at the moralizing around drinking and driving. After watching the Budweiser commercial, I thought, the lady doth protest too much. Whenever I hear someone demeaning someone else for having a DUI, my first thought is, “That person probably drinks and drive at least once a week.” The commercial was just another way that people point fingers everywhere except at themselves when it comes to drunk driving.

Won’t Get Fooled Again

It’s been awhile since my last post. There isn’t much more I have to say about my DUI, but I wanted to wrap up this blog. Yesterday I “celebrated” the one-year anniversary of my DUI. At around the same hour I was lying in a freezing jail cell a year ago, I was on a beach in the early morning this year. I was sober and watched the sun rise.

I have been drinking again, but my rituals around it are different. I take Uber cars or public transportation when I think I will be drinking later. If I drove and I think I will be driving within a couple of hours, I don’t drink. If I have even a sip of a drink and I drove, I won’t get back in my car for at least two hours. If I had a full drink, I’d give myself more than two. I won’t have more than one drink. This may seem like too much time, as a drink of alcohol supposedly metabolizes in an hour, but I’m a small woman and I don’t have it down to an exact science.

It may also seem like I’m taking risks, as getting a second DUI would be the worst thing I could do. But I can see how people get second DUIs. I want to feel normal around the other 99% of people who have driven drunk and never gotten DUIs. I tell people about my DUI freely. It keeps me from having to explain my behavior. I think I have enough information and self-restraint to know what my limits are and what I can get away with.

My driving restriction was supposed to end July 20th, so I made an appointment at the DMV on July 21st to get a new license without a restriction printed on it. I ended up needing to cancel the appointment and couldn’t get another one until August 22nd. I figured that going there for a new license wasn’t completely necessary anyway. I just wanted a new license in case I had to explain the restriction on the old one, even though my driving record should’ve said that I had no restrictions.

I went to the DMV on August 22nd and found out that the restriction of driving only to and from work was still on my record. I said that it should have been removed because I completed all of my requirements. They said that they never received a completion certificate from my AB 541 program. They said I had to call the program then contact the Mandatory Actions Unit at (916) 657-6525 to complete the restriction removal.

I called the AB 541 program and they said that they submitted my completion but that it often happens that the DMV says they didn’t receive it. While on the phone with them, they submitted my completion. I also purchased a Driver Record Request and I saw that the restriction was removed. I told them that the DMV told me to call the Mandatory Actions Unit and they laughed. “Good luck with that,” they said. I read on the DMV’s Facebook page that some people have tried calling the Mandatory Actions Unit for months and have never gotten through to anyone.

I didn’t have time to return to the DMV in September, so I decided to live with my old license. I felt confident that my record was clear and I wouldn’t get pulled over. I went to the DMV again on October 17th to finally get a new license. The clerk told me that the restriction was still on my record. I told her that I confirmed with my AB 541 program that they submitted my completion and that I checked my record online with the DMV. She gave me a look of incredulity, but after having her supervisor check something/call someone (I’m not sure what she did), they confirmed that I could get a new license. I wasn’t charged for the new license. That to me was the most shocking thing to happen. Everything else I’ve had to do with this DUI has had a bill attached to it. I got the new license in the mail a week later.

I haven’t wanted to say it, because it sounds overly dramatic, but I feel like getting the DUI was the worst night of my life. I can still remember how sick I felt for days after. In the grand scheme of things though, if that was the worst night of my life, I’m doing pretty well. I’ve learned a lot in the last year. I hope I won’t make another mistake like that night again. If I do, I’ll let you all know.

Thanks for reading.

Step By Step, Part 2

I’m picking up where I left off in this post and providing a summary timeline of all the events pertaining to my DUI.

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February 4, 2015

I had an ignition interlock device (IID) installed in my car. There was no installation fee, but there was a monthly fee of $74.95 + tax ($77.92 total, 9% tax was only charged to the Lease Charge portion of $33), which I had to pay for six months (although legally I only needed the device for five months) because of the fine print that said any partial months are not be pro-rated. There was also a $75 removal fee.

IID: $542.52

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February 6, 2015

Went to the DMV to hand in the DL-924 form given to me from the IID installer. Having the IID in my car allowed me unrestricted driving privileges until 7/6/15.

DMV: $115
Uber: $20.54

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February 13, 2015

Signed up for Hospital and Morgue (HAM) program and the Volunteer Center, South Bay-Harbor-Long Beach. First available slots were in April.

VC: $40

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March 9, 2015

I finished the AB 541 alcohol education program and they will file the completion certificate with the DMV. I gave the instructor a mug as a parting gift.

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April 11, 2015

8-hour visit to Cedars-Sinai Medical Center as part of the HAM program.

HAM: $120

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April 18, 2015

3.5-hour visit to the Los Angeles County Department of Medical Examiner-Coroner as part of the HAM program.

HAM: $80

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July 6, 2015

IID removed. License reverted to restricted license that allowed me to only drive to work.

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July 20, 2015

Driving suspension ended.

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October 17, 2015

Went to the DMV to get a new license without driving restrictions printed on it. I should’ve been able to do this on July 20th, but the DMV messed up.

DMV: No cost

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January 26, 2015 – July 20, 2015

For the sake of putting together all of the costs I can think of, I’m also putting in parking costs that I likely would not have paid for if I didn’t have to travel to my different DUI requirements.

Parking: $29.50

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That’s it! Well, except being on probation until 1/20/18, filing an SR-22 for two more years, and never drinking and driving again. There could be other things that I come up, but I think I’m at the easy part now.

So, to summarize, these were my expenses for my DUI:

$3,500	Lawyer
$1,814	Court Fees
$650.27	Uber
$570	AB 541 Alcohol Education Program
$542.52	Ignition Interlock Device (IID)
$393	Booking Fee
$365	Impound
$240	DMV
$240	Volunteer Center/Hospital and Morgue (HAM)
$65.38	Insurance Increase/SR-22
$49	Public Transportation
$21.00	Alcoholics Anonymous (AA)
$29.50	Misc. Parking

Total DUI Cost (10/31/14-7/20/15): $8,495.70

Freedom’s Just Another Word

In my previous post, I mentioned that a Smart Start agent told me that they would call me when they got notice from the DMV that I could have my ignition interlock device (IID) removed. When he told me this, my response was, “So will you actually call me or is it just going to be a note on my account?”

I need a sense of humor about all of this.

With a note of annoyance in his voice, because he just answered that question, he said, “We’re going to call you.” He said the DMV would take 5 to 6 days to respond to the inquiry, so I gave Smart Start 7 days before I contacted them again. Their recorded message, which explains in much too long detail which prompts to press to speak to a representative (1-1-2-2-1, by the way, if any of you would like to know), also warns not to call to ask about statuses because doing so could delay the process further. I decided to ignore that warning and ask for a status update anyway.

Well, it turns out that the DMV did give the okay for me to remove the IID from my car. I was told I would have to make my own appointment with the installer. I asked the Smart Start agent if there would be anything else that I needed to do after the IID was removed or would that be the end of it. She told me that I would be given a DL-922 form (Ignition Interlock Notice of Removal) that I would have to turn into the DMV. I didn’t expect this, but I also wasn’t surprised. I found some language from the DMV that I possibly have to turn in this form within three working days of having the device removed. Luckily, I already have an appointment for the DMV on July 21st, which I made about three months ago. I made the appointment that far in advance because as I’ve mentioned previously, the DMV has been overrun with people seeking licenses under AB 60. I originally made the appointment because my license should be fully reinstated on July 20th, and I wanted to apply for a duplicate license that wouldn’t have a driving restriction listed on it.

Although I could have the IID removed sooner, I’m going to wait until the Saturday before my DMV appointment to get it taken out. I’ve already paid for a full sixth month, so it doesn’t matter. However, my IID unlimited driving privilege ended on July 6th and I’m only allowed to drive to/from work until July 20th. I would have to get permission from the DMV to extend my unlimited driving privilege. I don’t care to talk to anyone at the DMV more than I need to, so I’m just going to wait it out until July 20th.

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Where did I find the information that the DL-922 form needs to be turned in within three working days of removal? From this section of the California Code of Regulations:

§ 125.20. Notice of Removal.
(a) An installer shall submit to the department within three working days an Ignition Interlock Notice of Removal, form DL 922 (REV 1/2007), which is hereby incorporated by reference, when the installer removes an ignition interlock device, pursuant to Section 125.12(b) of this article.

Though this code seems to pertain to if I removed the device prematurely, I decided that I wouldn’t take any chances.

Where did I find that I need to extend my IID unlimited driving privilege, otherwise I can only drive to/from work? It’s buried in a PDF on this page: Ignition Interlock Device (IID) Pilot Program (FFDL 44). Most of the text on this page is in a printed brochure that the DMV sent to me when they ordered me to get an IID installed. However, none of the information from the PDF was provided to me. It’s a Q & A that has some useful information. Here is a link to that PDF, but I also have the information reprinted on this page. I assume this Q & A is valid for the duration of the pilot program, which ends December 31, 2015. Question #11 addresses what happens when your unlimited driving privilege ends before your suspension ends. Question #12 addresses extending your unlimited driving privilege.

Almost Independence Day

Photo Credit: FunCheap

I’m easing to the finish line for my ignition interlock device (IID) requirement. Since I had the IID installed in my car on February 4, 2015, the five months I’m required to have the device should end this coming July 4th. However, because I turned in the DL-924 form (Ordered Verification of Ignition Interlock) to the DMV on February 6th, I can’t get the device removed until July 6th. Having that 2-day gap means I have to pay for a sixth month. At this point, I don’t care. I’d pay extra to get the device out today.

I went in for the monthly calibration and fee payment yesterday. I asked the installer if there was information on my account about the device removal. He told me that I would have to call Smart Start about the removal.

When I called Smart Start, they told me that they would have to get the authorization for removal from the DMV. The customer support agent said it was good that I called because the DMV only gives the information within 5 to 6 days of removal. He said Smart Start would call me after they heard from the DMV. (I was a bit skeptical of this promise.)

What I wanted to ask, but decided not to, was would Smart Start have contacted the DMV for me if I hadn’t contacted them first? I don’t recall them giving me any information about removal, except that there would be a removal fee. I suppose it’d be in Smart Start’s best interest if their customers “forgot” about their removal dates. The system seems set up to always give the IID company an extra month of payment.