I got a dui first offense and was offered a duac in lieu of a dui. I was told that it can be expunged from my record after all fines were paid. Is this true?
Divorce / Separation Lawyer
The difference between a DUI and a DUAC is that a DUI is a criminal offense and a DUAC is a moving violation. The DUAC will go on your driving record, where it will remain for 10 years. I believe what the officer/prosecutor is trying to tell you is that the records regarding the criminal DUI charge will be expunged after you plead guilty to the DUAC, such that it can no longer be found on a criminal background check. But the DUAC will still be on your driving record. Hope this helps, good luck.
This response is for general informational purposes only. You should not rely upon it as advice about specific legal problems. It does not constitute the rendering of legal advice and does not create any attorney-client relationship.
Criminal Defense Attorney
The above answer is correct. A DUAC is only applicable where a party takes the breathalyzer test and his BAC is 0.08 or above. The penalties and fines are exactly the same.