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Do I have to admit to a prior DUI?

Asked over 2 years ago - Greenville, IL

I received a DUI in 1999. The judge gave me supervision for two years and told me that it wouldn't appear on my driving record. I received a second DUI and was convicted. Do I have to admit to the first, since it does not appear on my driving record? I have checked and it's not on the court copy. This would change my classification on my alcohol evaluation.

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Attorney answers (3)

Karyn T. Missimer

Reputation Level 17

Answered over 2 years ago. DUI / DWI Attorney in Janesville, WI.

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If you are directly asked by the court or the prosecutor, you must answer truthfully. Otherwise, you risk being charged with obstruction of justice/another crime.

But if they do not ask, you do not have any obligation to tell.

Good luck!

Missimer-Law - Experienced Affordable Quality Representation

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David Wayne Willis, licensed in Tennessee

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David Wayne Willis

Reputation Level 10

Answered over 2 years ago. DUI / DWI Attorney in Memphis, TN.

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I would add to the two above answers in this manner.
If ask by the Judge in Court, the answer is yes.

If ask by the prosecutor, he/she probably knows the answer already, but are setting a trap so they can show the Judge that you are dishonest if you lie about the previous DUI.

The main problem with your question is not enough facts. 1999 DUI; what state? Some states do have diversion programs that remove the arrest and conviction after successful completion.

If this is for an alcohol evaluation counselor and you know for a fact that it was diverted and dismissed, then you wouldn’t have to admit it and if they found out, what would happen? You would be at the same level that you are trying to avoid anyway.
Good luck.

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