Legal Question in DUI Law in California

Re: DUI Expungement

Thanks for your posting. An expungement takes the prior case off your record, but not for purposes of charging a prior DUI within 7 years. It also does not take this off of your driving record. As a result, the DMV and the courts will both treat this as a second time DUI, even with the expungement.

In my experience practicing law, I have also noted that many D.A.'s will allege the prior no matter what, making you subject to a second time DUI if you plead guilty. You may either negotiate for the D.A. to strike the prior from the complaint, by proving you had this expunged, or file a formal motion before the court to strike the priors in the court's discretion.

Thanks, and if you have other questions please email or call me at 714-568-1560.

Re: DUI Expungement

Unfortunately, based upon what you have described, the earlier, expunged offense will still count as a prior for purposes of making the new arrest a second-time dui.

If you have further questions, I invite you to check out either GotADUI.com, or NoCuffs.com, or e-mail me directly: [email protected].

Best of luck,

Darren

Re: DUI Expungement

One of the exceptions to expungement is that the conviction can be used against you in a subsequent prosecution. A DUI conviction can, regardless of expungement, be used against you for 7 years.