Legal Question in DUI Law in California

how long does a wet reckless stay on your record for i recieved one in 2002 is it gone and doesn't count anymore since it was over 3 years ago?

Asked on 9/21/09, 2:41 pm

4 Answers from Attorneys

Matthew Koken Law Office of Matthew S. Koken

The courts can use the prior wet reckless to enhance a new sentence to a new DUI for a 10-year period. You can argue that the prior is so old that it should not be used, but the court and prosecutor can use it if they want to.

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Answered on 9/21/09, 2:43 pm

Joe Dane Law Office of Joe Dane

Sorry, but it is going to be "on your record" for 10 years at a minimum. It counts as a prior for DUI purposes for 10 years.

If by "on your record" you mean your criminal record, you can have it expunged so that you can tell private employers you've never been convicted of a crime. It will still show up on your DMV history, so if a driver's license check is required for your job, you may have to explain things as you apply. Expunged cases must still be disclosed in an application for state positions, licensing and other limited situations.

To fully explore your options, you probably want to sit down in a consultation with a local criminal defense attorney.

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Answered on 9/21/09, 2:45 pm
Robert Marshall Law Office of Robert L, Marshall

Reckless driving involving alcohol under Vehicle Code 23103/23103.5 is commonly called a "wet reckless."

It counts as a prior DUI conviction if you are arrested for DUI within the next ten years and will substantially increase the punishment for a new conviction. DMV can also consider the wet reckless conviction in future administrative proceedings to revoke your license for driving with an excessive blood alcohol level.

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Answered on 9/21/09, 2:46 pm
Terry A. Nelson Nelson & Lawless

Records are forever, and that conviction counts as a prior for DUI purposes for ten years. . However, many convictions can be 'expunged' by proper application and Motion to the court, but only if there was no prison time served or even sentenced, if you completed all terms of probation, and if you have no new charges. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most employment applications. If you’re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 9/22/09, 3:05 pm

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