Is a DUI on Record Forever?

E

Eva 33

Bluelighter
Joined
Mar 19, 2009
Messages
75
Location
California
I'm going to see a pain management doctor for my chronic migraines. One question they asked on their form was if I had ever been arrested.

I was too scared and embarrassed to admit that 18 long years ago, I was charged with an alcohol DUI misdemeanor. It was pled down to a "wet reckless", as I had a totally clean record and was only just above the legal limit for DUI. My blood alcohol was .11. I was 21 years old.

That was the only time in my life that I was ever arrested. My driving record is very clean (just 2 traffic tickets since then---one for not coming to a complete stop at a stop sign; the other for slightly speeding.) Both of those were about 14 years ago, and I haven't gotten a ticket since.

Back in 1991 when I got the DUI, I was told that it would be expunged from my record after 7 years. I completed all of the alcohol/driving education classes and had to go to 5 AA meetings.

The irony is that I rarely drink alcohol. I just happened to go out to dinner with a friend and had some wine with dinner that night. As I drove home, I got pulled over for exceeding the speet limit on the freeway. Then I was given a breathalyzer and taken to jail for the night.

This happened in California.

Does anyone know if a background check will dig this up? I was fingerprinted and they took a mugshot. Are those on file forever?

I couldn't bear it if I were denied pain management simply because of one foolish error I made in my youth. George W. Bush got to be President of the United States with a DUI in his past. And President Obama has admitted to past drug use.

Am I actually going to be held to a higher standard than the President of the United States?

Thanks for any legal advice.

Eva
 
DUI's cannot be expunged, and the arrest will remain on your record, at least in my state (New York and New Jersey).

Why not just be honest? Will they do a background check? If so, just be honest--they may deny treatment if you are not forthcoming.
 
answer

When I saw the pain doctor, I confessed my history of "doctor shopping", which I was afraid was bad enough. The doctor actually was really nice and non-judgmental, though. I was amazed.

They didn't give me the form with the "arrest" question on it until I got to the office.

I think it was a combo of fear and having forgetten the distant past that made me check "no".

My Dad always tells me it's just a traffic violation. If they find out, I guess I can always say that it's been so long that I "forgot". I know that's a lame excuse, but I was scared about being judged.

I was scared enough about being labeled a "drug addict". But I'm not. They can drug test me all they want.

But I know that DUI=alcoholic in many peoples' minds. I swear I hardly ever drink. They can test me on that, too.

I just got nevous and checked "no" to the arrest question.

What should I do now? Confess this to the doc when I see him next?

Thanks,
Eva
 
Yes, I know

I know. I just got into an impossible situation with my chronic migraine pain. I've got almost 20 years of neurology records to prove my pain.

My neuro's office dismissed me forever when they found out about the "doctor shopping"; that's their practice policy. I really had no idea about it. They never had me sign a narcotics contract or anything.

My neuro knows I'm in legitimate pain, so he referred me to the pain management doctor.

I really do feel very fortunate to have been given a second chance. I just didn't knows the rules before. I'll sure NEVER do it again.

I don't know what kind of background check the pain doc will do. If one stupid DUI 18 years ago costs me my medical treatment, that would be beyond unfair. It's like everyone has to have lived the life of a saint or something! Nobody's perfect.

I don't want to lie about anything or conceal info. I was just too scared to admit to the DUI. Should I tell the doctor about that on my next visit?

Eva
 
I don't believe Dr.'s or clinics have access to NCIC, if the state you were convicted in retains public records, easily accessible via the internet or something it may be looked up. Otherwise, I doubt there's any kind of record review like what you'd get by a cop on a traffic violation stop.
 
A DUI cannot be expunged because the jail sentence, $fine and the period of time a license is suspended increases as the number convictions increase.
 
but, i'm assuming a dui drops off ur driving record after a period of time, just like an accident does...for the purpose of getting insurance

and the fact that a dui conviction cannot be expunged is even more good reason to get a good lawyer to possibly get the charge dropped to reckless driving or some non impaired driving charge. or if a good lawyer may have an idea how to make the dui go away completely.
 
phishy2 said:
but, i'm assuming a dui drops off ur driving record after a period of time, just like an accident does...for the purpose of getting insurance

and the fact that a dui conviction cannot be expunged is even more good reason to get a good lawyer to possibly get the charge dropped to reckless driving or some non impaired driving charge. or if a good lawyer may have an idea how to make the dui go away completely.
Click to expand...
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Once upon a time, the state could not goback more than ten years. That is the procedural rule that was thrown out if your state expects to recieve federal funding for its DUI program.
 
phishy2 said:
but, i'm assuming a dui drops off ur driving record after a period of time, just like an accident does...for the purpose of getting insurance

and the fact that a dui conviction cannot be expunged is even more good reason to get a good lawyer to possibly get the charge dropped to reckless driving or some non impaired driving charge. or if a good lawyer may have an idea how to make the dui go away completely.
Click to expand...

Reckless driving normally varies the same number of points as a DUI. I would advise your lawyer to try and change the charge to "reckless endangerment". This way your driving license is not affected and everybody is happy.
 
I was only convicted of a "wet reckless", which is less than a DUI. My driving record was totally clean and my blood alcohol was .11 (just above the legal limit at the time).

I was on probation for 7 years, and told that the DUI would be expunged from my record if I had no other offense for the next 7 years.

Maybe Calif. law has changed since then. If the doctor finds out about it, I guess I can always say that I didn't think that a "wet reckless" traffic violation counted as being "arrested".

It happened 18 years ago. I suppose I can always say that I "forgot" about it and/or didn't think it counted as an "arrest". Those are the best excuses I can think of.

The doctor seems nice, so hopefully he will understand. And even though my long-time neurologist threw me out of his practice for "doctor shopping", he is nice, too. My neuro wrote me a really good letter of recommendation (he knows the hellish pain that I go through with intractable migraine). He doesn't think I'm a drug addict or anything like that.

Pain management is just so nerve-wracking. I hate the thought of being "investigated" and having my entire life and history exposed. That's why I did the "doctor shopping" for 20 years of migraine; I didn't want to have to face all of this investigation.

And stress triggers my prolonged migraines, so it's a vicious cycle. I just hope the doctor will understand. When you've just met someone for the FIRST time in your life, you really don't want to spill your guts about EVERY secret in your life. Hopefully my history isn't THAT bad, because I really do NEED my migraine meds.

Eva
 
now, i'm posing a different issue
i understand that from the respect of "did u ever have a dui before" a dui never goes away

but from a different issue, that of ease and cost of obtaining insurance, a dui does disappear from ur driving record, just any other form of points against ur driving record or an accident after a period of time
 
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