Criminal Defense Q&A: I Was Convicted of DUI 10 Years Ago and Didn’t Complete My DUI Class – How Do I Dismiss the Case and Get My License Back?
Question:
I have a misdemeanor for 2 DUIs, one wet reckless and another a little bit above .08 months later that counted as 2, back in 2008 and it’s now 2018. It’ll be almost 10 years, and I have not gotten into any trouble since. I’m hoping to find a attorney that’ll represent me and get my case dismissed. I do not want to take an 18-month class. I’ve completed my hours of community service but couldn’t attend my classes 10 years ago due to the circumstances I was in at the time. I’m doing a lot better now, but taking an 18-month class isn’t a option I want to take. I just want to get my license back and be able to drive to work and take my child to school. I’ve read that in California after 10 years a DUI will get dropped out of their records, does it also include cases that were never taken care of?
Answer:
The only way to reinstate your license after receiving a DUI is to comply with all of the requirements set forth by the DMV. This includes a license reinstate fee, proof of insurance, proof that all court fines and fees were paid, and proof of completion of your DUI class.
Until you complete each of these requirements, you risk being arrested for driving on a suspended license (which is a misdemeanor), every time that you drive. See Vehicle Code 14601.2.
The 10-year rule applies only if you are arrested again for DUI: prosecutors will look back and see if you have a DUI conviction whose arrest date occurred within 10 years from the arrest date of the DUI at hand. If so, a DUI prior will be alleged, which will result in harsher penalties if you are convicted. Vehicle Code 23540(a).
Bottom line: Your old DUI case cannot be dismissed, and the only way to get your license back is to complete your DUI class. It would be prudent to consult with a criminal defense attorney in this matter.
Read other criminal defense attorney answers at Avvo: I Was Convicted of DUI 10 Years Ago and Didn’t Complete My DUI Class – How Do I Dismiss the Case and Get My License Back?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
