DUI but not charged in court

What is the name of your state? California

I got a DUI in California about 2 months ago with 0.08

Apparently I had failed to make a full stop at stop sign.

When I arrived in jail, I took another breath test and it was lowered down to 0.06 - 0.07 not really sure.

I was booked, finger printed and photographed with the words "CRIMINAL" under my name.

When they released me from jail the next morning and gave me my court papers, it only said I got charged with 23152(a). -Usually when someone gets a DUI they get charged with section 23152(a) for driving under the influence and 23152(b) driving under the influence of 0.8 or higher. But I only got charged with 23152(a). I got lucky and was charged with only 1 misdemeanor. Incase you're wondering, yes, this is my first DUI and I'm over 21.

So... when I went to court, they never charged me with a DUI.
I didn't get my license suspended or anything. I didn't even see the judge.

One of the court clerks gave me a number and told me to call the district attorney to see if they will prosecute my case. So, when I called them, they said the police department didn't charge me.

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Anyways, I asked a police officer to run my license in his system through his police car and it still showed in the records that I had gotten a DUI but not charged... he told me it wasn't a problem everyone disregards it. But it still a problem to me.

Ok, so if I got my DUI dismissed why does it still show in the police records??What is the name of your state?

Is there a possible way to get this exponged or pardon... what ever it is?

7sins said:

I got a DUI in California about 2 months ago with 0.08

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Based on what you write below, I suspect this was a PBT in the field - this is considered part of the FSTs and is not your required chemical test.

Apparently I had failed to make a full stop at stop sign.

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Sufficient to justify the stop.

When I arrived in jail, I took another breath test and it was lowered down to 0.06 - 0.07 not really sure.

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It's more likely the device in the field was not as well calibrated as the machine at the jail - they rarely are. Fortunately for you, the reading was below .08. Unless the state goes for an argument supporting a diminishing BAC you only face the one DUI charge - not for also being at or over .08.

I was booked, finger printed and photographed with the words "CRIMINAL" under my name.

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In 16 years I have never seen "criminal" on anyone's booking photos. That would be foolish for a number of reasons - not the least of which is the ability to use the photo in the future for photo lineups.

When they released me from jail the next morning and gave me my court papers, it only said I got charged with 23152(a). -Usually when someone gets a DUI they get charged with section 23152(a) for driving under the influence and 23152(b) driving under the influence of 0.8 or higher. But I only got charged with 23152(a).

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That's because you blew under .08.

One of the court clerks gave me a number and told me to call the district attorney to see if they will prosecute my case. So, when I called them, they said the police department didn't charge me.

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Sounds like the DA did not get the paperwork ... it still might be pending.

Anyways, I asked a police officer to run my license in his system through his police car and it still showed in the records that I had gotten a DUI but not charged... he told me it wasn't a problem everyone disregards it. But it still a problem to me.

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If he ran your criminal history, the officer needs to get a refresher in state and federal law because he had no lawful reason to do that and, in theory, committed a criminal act ... and that information would NOT be on your DMV record.

Now, he may have run the information through his agency's computer system and that would be permissible if agency policy did not prohibit it.

Ok, so if I got my DUI dismissed why does it still show in the police records??

Is there a possible way to get this exponged or pardon... what ever it is?

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First, you have to determine where the record is. Is it state or local?

Check this site for information:

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

And here to check your state criminal record:

http://ag.ca.gov/fingerprints/security.php

IF the state has a criminal record and it is an arrest or detention only, there is a procedure through the DOJ to get that removed. If the record is a local one (at the police department) it is far more difficult as it would generally require a court order to have it removed. And, since the statute of limitations is one year, no court is likely to consider the matter until that SOL has passed.

- Carl

This was my first time I have ever got in trouble with the law.

Well this happened in Sacramento, so maybe your're more familiar in area.

Will I need a lawyer to help me expunge it, or do I go to court and resolve this with a judge on my own?

Again, it depends on where the arrest record is recorded. If you have a state record (and you'll have to check the DOJ website linked above for that info) then they can give you some direction. The courtinfo site also can give some direction. If it is simply within the county or city system, you will be unlikely to have it removed within the SOL, and will likely need an attorney's aide to convince a court to remove it altogether. I wouldn't begin to know where to start in the process.

Oh, and I used to work in Sacrramento ... the booking photos did not have "criminal" on them when I was there ... they had a slate with the booking number and name, but not the word, "criminal". I suspect you were refering to the term, generally, in that you felt that the whole thing made you feel like a criminal.

- Carl

CdwJava said:

Again, it depends on where the arrest record is recorded. If you have a state record (and you'll have to check the DOJ website linked above for that info) then they can give you some direction. The courtinfo site also can give some direction. If it is simply within the county or city system, you will be unlikely to have it removed within the SOL, and will likely need an attorney's aide to convince a court to remove it altogether. I wouldn't begin to know where to start in the process.

Oh, and I used to work in Sacrramento ... the booking photos did not have "criminal" on them when I was there ... they had a slate with the booking number and name, but not the word, "criminal". I suspect you were refering to the term, generally, in that you felt that the whole thing made you feel like a criminal.

- Carl

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After I had taken my mug shot, I had to sit down on a small bench next to 5 other guys. I asked the jailer why it said "criminal" under my name, he said, "once you get arrested everyones a criminal." - It was not just me with the words 'criminal' on my picture, but everyone elses also.

That's new. And, I suspect, wouldn't be appreciated by investigators who might have to use those booking photos for lineups!

Unless they have OTHER categories of photos, I see no reason to use that caption unless it's that particular officer's or shift's way of shaming the arrestees.

- Carl