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When is a DUI conviction cleared from a driving record?
Q.

When is a DUI conviction cleared from a driving record?

A.

The Motor Vehicle Division keeps a record of DUI conviction indefinitely.

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 than 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 than 5 years.

   

Your Tucson DUI lawyer wants you to be well informed. We are providing these FAQs to educate you on your rights and responsibilities.
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Trezza & Thrush
4011 E. Broadway, Suite 101, Tucson, Arizona 85711
Phone: 520.327.3442 / Fax: 520.327.0125
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