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Speak Up! - View Question #79 |
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Question: When is a DUI cleared from a driving record?
Answer: The Motor Vehicle Division keeps a record of DUI conviction indefinitely. However, Arizona Law (ARS 28-450 (D)) prevents insurance companies from getting any records older than 39 months from the date of the violation. Thus, the 'public' record you can obtain from MVD only goes back 39 months. Attorneys, licensed investigators, government agencies and people getting their own record can obtain information going back farther that 39 months. Most of these requests are for 5-year records. Under the DUI laws, a DUI conviction can be used to increase the penalties on any new DUI arrest for up to 5 years. For example, a person convicted of a DUI who has a prior DUI conviction within 5 years, faces mandatory jail for 30 days and a one-year license revocation. Three DUIs within 5 years is a Felony carrying 4 months in prison and a three-year revocation. In some cases, police and prosecutors can use convictions that are even older.
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On 11/15/03
s willaims from GA said:
the answer is a loud no, u cannot safely go to a bar and drink three beers and drive home. i did that three times over a five year period and now have a felony record which precludes me from real estate licensing, psychologist licensing, bar exam licensing, all state, county and city jobs. and much more...it stays there forever..it pretty much made my masters degree null and void. dont chance it.
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On 04/28/03
Debbie from AZ said:
So in other words, you can not safely go to a bar, eat have a couple 3 beers in two hrs and drive home without prosecution if pulled over. Also as of July they will impound your car and keep indefinitely. Plus if breathalizers are not calibrated once a mo. or more there readings are false. We need a coalition against these insidious (sp) laws. Our rights are in the tank. Good luck America.
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