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How long does a DUI stay on your record if you do the diversion program in California?

Redwood City, CA |

Does it matter if it is drug DUI or alcohol DUI?

Attorney Answers 3

Posted

A DUI stays permanently on your driving record in California... there is no "diversion program" that relates to a DUI. Perhaps you are doing a diversion program in order to avoid being convicted of a drug offense. The completion of such a drug diversion program will result the drug offense being dismissed, but not the DUI.

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Asker

Posted

But I have drug DUI, not alcohol DUI. So, drug offense will be dismissed, but DUI will stay? But as soon as somebody request my DUI information will automatically see it was drug offense!? So, what is the purpose of dismissing drug offense, since it will be visible through DUI ? Tnx

Thomas Anthony Schaeffer

Thomas Anthony Schaeffer

Posted

sounds like you are having difficulty with what the DA's offer is/was. I'd suggest getting an attorney so that he/she can assist with the process.

George B. O'Neill

George B. O'Neill

Posted

Simply being under the influence of many drugs, let alone DRIVING, often carries a 90 day minimum jail sentence (H&S11550). Although they were not required to give you diversion on the drug offense since there was also an allegation of a DUI, you caught a break from the 90 day mandatory sentence. Without more information that's my best guess about why you are confused about your situation today. As previously advised... check with your attorney, seems to have already successfully helped you.

George B. O'Neill

George B. O'Neill

Posted

Simply being under the influence of many drugs, let alone DRIVING, often carries a 90 day minimum jail sentence (H&S11550). Although they were not required to give you diversion on the drug offense since there was also an allegation of a DUI, you caught a break from the 90 day mandatory sentence. Without more information that's my best guess about why you are confused about your situation today. As previously advised... check with your attorney, seems to have already successfully helped you.

George B. O'Neill

George B. O'Neill

Posted

Simply being under the influence of many drugs, let alone DRIVING, often carries a 90 day minimum jail sentence (H&S11550). Although they were not required to give you diversion on the drug offense since there was also an allegation of a DUI, you caught a break from the 90 day mandatory sentence. Without more information that's my best guess about why you are confused about your situation today. As previously advised... check with your attorney, seems to have already successfully helped you.

Asker

Posted

No I do not have attorney so far. Just doing my home work first to better understand the situation and amount of work for my future attorney :-) At what stage DA's offer will come? At the first court appearance ?

Thomas Anthony Schaeffer

Thomas Anthony Schaeffer

Posted

It really all depends on the charge, your record, and even if you have an attorney and your physical appearance. The first offer, if there is one, will come prior to arraignment at your first court appearance.

Posted

The DUI stays on your record forever. It will last 10 years on the DMV record. There is no diversion for a DUI in California.

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.

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Posted

There is no diversion for a DUI in CA. You likely are referring to the first offender program which is usually a probation term and is required for you to get a full driving privilege back from the DMV.

The conviction stays on your record forever and is priorable for 10 years.

You may be able to expunge/dismiss your case when you are off probation.

http://www.stankolaw.com

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