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How can I Expunge my DUI Conviction in California?
Also referred to as “wet reckless” a DUI conviction is one of the most common criminal offenses in the state of California. As a provision of the California Vehicle Code (§ 23152, 23153 or 23103.5 et seq) a conviction such as this will not simply drop off a criminal record after a standard length of time. Thus, a Drunk Driving violation on a record can create continuous issues in relation to overall quality of life including issues with employment or acquiring licensing. To remedy its effects, a DUI can be cleared or “expunged” from your criminal record- but it must be first petitioned in court.
As mentioned previously, the California Vehicle Code, sections 23152(a) and 23152(b) govern driving under the influence. If convicted of a DUI or Drunk Driving, then you were likely charged with both offenses as outlined by these statutes. Both include separate elements in order to prove violation of motor vehicle laws and both are misdemeanors.
Section 23152(a) concerns operating a motor vehicle while impaired. According to California Municipal code 12.16, under the influence of alcohol is defined as “[If] “The alcohol in the person’s system affects their muscles, nerves, or ability to operate a motor vehicle other than that of a cautious, sober person.”
The prosecutor must then prove such impairment of the defendant, even if the BAC is under the presumed .08 percent limit. So, if they can successfully prove a lower tolerance for alcohol resulted in this impairment, then it is possible to be convicted of this regardless of having been below the legal limit.
Section 23152(b) outlines operating a motor vehicle with a blood alcohol level of .08 or higher. Even if the person charged with the offense has a high tolerance for alcohol and would not be technically defined as “impaired” the law will still presume impairment at .08 and higher. Section B is much easier to prove with the presence of a chemical test.
When Can a California DUI be Expunged?
Technically there is not a waiting period in order to begin your petition to expunge your California DUI. At the end of your probation term, if you have fulfilled the terms of said probation, you are then eligible to apply.
Provisions in California law stipulate a minimum of 3 years probation for a drunk driving offense. Though it is possible to motion for an early termination of probation in a DUI case, it is highly unlikely as Judges and Prosecutors neither take DUI sentencing lightly nor would they want the courts to appear lenient for such an offense. In other words, they do not want to appear “soft” on DUI convictions.
Do I need an Attorney to Expunge a DUI?
To increase your chance of success, it is likely a necessity. In California, DUI expungement has a greater legal standard than most others, resulting in a higher likelihood for the court to deny and a prosecutor to object to a California DUI expungement. Alongside the coming July 2023 expunge law changes, the key to success is an experienced and qualified attorney. Get experienced and qualified legal counsel with Rosenbaum and Associates.
How Much Will I Pay to Get my DUI Expunged?
Contact us for a free Consultation for a misdemeanor or Felony DUI Expungement. As required, we’ll go over a motion to reduce the charge to misdemeanor.
How Long to Expunge DUI in California?
Typically, it takes anywhere from 3 to 4 months to expunge a DUI in California, though delays can occur and the Courts can vary. While nearly every other criminal proceeding is subject to time limits via California law, expungement is often not a priority for courts and is often subject to delays. Contact our trusted legal team today to get started so you can be the first in line to receive expungement when the new law goes into effect July 1st.
Why to Expunge CA DUI?
It is important to note that a DUI Expungement in California does not drop the from your DMV records but can greatly increase your quality of life. Once cleared from your record, you may not be discriminated against by a possible employer in hiring or promotion decisions. Additionally, if you’ve had them expunged, you can honestly answer “NO” when asked about criminal convictions. We want to help you get a second chance – call us today!
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