Skip to main content

How do I know if I got convicted of a DUI? Does it show on my record?

Fresno, CA |

I got a DUI in April of 2011 in Fresno, Ca. I was arrested and spent the night in jail. The next morning I was released and went home. They told me that I was going to receive a letter in the mail with a court date, which I did. I went to court but I never got to see a judge, they just told me I was dismissed. They said they were going to send me another letter and to call court to get further details also. I never got the second letter and I called (4 times) and they said they had no record of me at all. I am however, paying for my SR-22 still.

+ Read More

Attorney answers 6

Posted

I would contact the court clerk to check if you have any dates calendared, or what the court is viewing as the "status" of your case. Another option is to contact the District Attorneys office, and ask a few questions relating to your matter and its future dates. You mention 'dismissed', but it wouldn't hurt to follow up and confirm.

Asker

Posted

Will do, thank you! Also, last time I contacted the court clerk's office they mentioned that the DA had dropped charges, so I don't know if that's a reason why I haven't been contacted?

Joshua Paul Shelton

Joshua Paul Shelton

Posted

My pleasure.

Joshua Paul Shelton

Joshua Paul Shelton

Posted

My pleasure.

Posted

If you didn't plead guilty and you haven't had a trial, you haven't been convicted. If, in fact, they dismissed the case, or never filed, you should be able to find that out from the court itself. Just call the clerks office in Fresno. If there was some confusion, and they have filed, then there may be a warrant out for you to appear. Nothing but an arrest should be on your record.

Asker

Posted

I will give them a call and ask just to be on the safe side. Also, the last time I spoke to them they mentioned that the D.A had dropped the charges, what exactly does this mean?

Terry Alan Wapner

Terry Alan Wapner

Posted

The DA's office should be able to give you verification that they have chosen not to file the case.

Posted

Unless your case was filed as a felony., the statute of limitations has run. If it was a felony they could still file the case. the SR-22 must be for the DMV action. You could have gotten a form from the DA that said they did not file and had a rehearing but since you didn't and a year has past, you no longer have that option. as the other 2 gentlemen suggested, a quick follow-up call with the court clerk should clear up any doubt you have as to the status of your casea

Asker

Posted

How do I know whether or not it was a felony? Also, I never received any letter or any information from the DA, I found out by the court clerk that the DA had not filed. This is when they told me they were going to send me further information in the mail, but I never received it. When this happen, I called but they had no record of me.

Manny Daskal

Manny Daskal

Posted

As people keep urging you a telephone call to the court clerk's office should answer all your questions regarding the status of your case. Good luck.

Posted

The SR-22 is a DMV issue... you could be suspended without a DUI conviction for many reasons. Of course one of them is driving with a .08% BAC. Since you have the SR-22 I am pretty sure that you understand what's going on with the DMV and your driver's license. If you had to get an SR-22 in order to drive again then it needs to be maintained for three years. If you really think that you may have a Failure To Appear and an Arrest Warrant for CVC 23152 DUI out of Fresno... a quick answer would be to pick up a copy of your driving record at the DMV... You should be able to make out from that document if anything is going on that you don't know about. Of course Fresno County Sheriff Warrants could check if you are in their system too. It's no fun to find out the hard way in the middle of the night!

Asker

Posted

Yes I am aware of the SR-22 is a DMV issue since court and DMV are separate. Also, when I was arrested my BAC was .15% so I went through the process of getting booked and spending the night in jail. This is a main concern to me because I recently graduated from CSUF seeking for jobs and I don't want this to affect me. I will call and ask just so I can be more at peace. Also, I will definitely get copy of my driving record and take a look at that so I can clarify things. The DUI was the first thing I ever got on my record and after that was a speeding ticket.

George B. O'Neill

George B. O'Neill

Posted

"The DUI was the first thing I ever got on my record..." so tghe conviction IS on your record or did you mean something else. Sometimes at the first court appearance when you appear as ordered on your ticket folks find that there are no charges yet for some reason. The judge then either says that you can come back in a month and see if it's here... or just go home and waif for a letter that may or may not arrive. At a .15 it should have been sent absent some other problem with the case. The DMV printout should help you find out if there is a FTA in court on your record... good to know since if there is then you are probably suspended too!

Posted

Unless you appeared before a judge and entered a guilty plea you were never convicted of the DUI for the court. The issue you have with the SR 22 is because the DMV probably took action against your license and due to that you need to have the SR 22. So you have no criminal conviction but there is certainly a DUI record on your DMV printout. The reason this can happen is because the court and the DMV work independently from one another.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

Asker

Posted

I see what you're saying. That's another thing I was confused on. I know DMV and court are separate but I was just not sure what would show on my DMV since technically I never got convicted for a DUI in court.

Robert Laurens Driessen

Robert Laurens Driessen

Posted

It does not matter that you never got convicted in court. The DMV has their own hearing process. It appears you failed to request a hearing or lost that hearing and therefore the DMV found in favor of the DUI. This will appear on your driving record and potential employers can see it. At this point it is very unlikely you can request a new hearing. Robert Driessen www.TheOCduiGuy.com

Asker

Posted

Okay, I understand. Yeah that's what I was fretting about seeking job opportunities. Thank you so much for you help, everything makes more sense now. I appreciate it!

Jim Mitchell Medley

Jim Mitchell Medley

Posted

You have gotten some great advice from excellent, knowledgable lawyers.

Posted

Uh..., if you did not plead guilty or go to trial and have a verdict of guilty entered against you, you did not get convicted of DUI!

George B. O'Neill

George B. O'Neill

Posted

But then you must also consider that this is only a level 8 Contributor hahahahahahahhahahhahaha! Bonne nuit mon Capitan! George O' SLO !

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer