Legal Question in DUI Law in Idaho

Do I have to admit to a withheld judgement if it is now off my record?

I received a withheld judgement for a DUI that I was arrested for in November of 2000. I was put on 2 years of unsupervised probation, complied with the terms of my probation, and the arrest was erased. I recently was arrested on 11-1-03 for DUI once again. The 1st arrest was not found when I was booked, and has not been found by the prosecuting attorney. If the judge asks me about my prior record, do I have to admit to my 1st DUI that I was never convicted on?


Asked on 3/02/04, 1:26 pm

1 Answer from Attorneys
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Do I have to admit to a withheld judgement if it is now off my record?

You need to speak to an Idaho lawyer about the implications and ramifications of a "withheld judgment" as such things do not exist in Washington State. If that is indeed like a deferred prosecution or a conditional dismissal, and there is no record of it anywhere, then you should be able tosay that you have no prior record. Check with an Idaho lawyer about the exact meaning and effect of such a withheld judgment.

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Answered on 3/05/04, 2:30 pm


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