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How to get a DUI charge removed.

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LBW

New member
A few months ago, I was stopped by a police officer on a minor traffic violation. I had no drugs or alcohol in my system, but the police officer was suspicious that I did so I took a breathalyzer which came out to 0.0. The police officer still thought I had been on drugs so he arrested me and forced me to take a blood test. A few months later the blood test results came back showing no drugs in my system so the case was dismissed. However, the charges of DUI and DUI-drugs still appear when I search for them under the municipal court website. I want to know how I go about getting those charges removed from my record. I am in Arizona.
 


quincy

Senior Member
A few months ago, I was stopped by a police officer on a minor traffic violation. I had no drugs or alcohol in my system, but the police officer was suspicious that I did so I took a breathalyzer which came out to 0.0. The police officer still thought I had been on drugs so he arrested me and forced me to take a blood test. A few months later the blood test results came back showing no drugs in my system so the case was dismissed. However, the charges of DUI and DUI-drugs still appear when I search for them under the municipal court website. I want to know how I go about getting those charges removed from my record. I am in Arizona.
You can go to the charging agency with the disposition and have the records changed/updated in their database.

What was the "minor traffic violation?"

You might want to speak to an attorney in your area about (what appears to be) the questionable arrest and charge.
 
Ask at the police department records for a copy of the incident report. It will show the officers probable cause for the arrest.
You say he forced you to take a drug test. Did he have a search warrant?
 

not2cleverRed

Obvious Observer
Ask at the police department records for a copy of the incident report. It will show the officers probable cause for the arrest.
You say he forced you to take a drug test. Did he have a search warrant?
Well, considering OP's choice was to submit to the test OR have an automatic 12 month suspension (more if there's been any refusals within the past 7 years), OP's options were limited.

OP did the prudent thing of submitting to the testing, knowing the results should be negative for alcohol and drugs. Had OP refused, OP could have challenged the suspension, but then it would be the officer's testimony versus the OP, with no actual proof that OP was neither drunk nor high.

We do not know OP IRL. It is possible that OP has a condition that the officer misinterpreted as a sign of impairment. For example, a speech impediment or foreign accent can be misinterpreted by some people as slurred speech.
 

CdwJava

Senior Member
One has to also understand that many impairing drugs are NOT tested for under the standard drug screen unless specifically requested. Psych meds are commonly found in negative drug tests on subjects that exhibit objective signs of impairment. I'm not saying that the OP was under the influence, only pointing out that a negative drug test does not definitively mean that no impairing substances are present.
 

quincy

Senior Member
Well, considering OP's choice was to submit to the test OR have an automatic 12 month suspension (more if there's been any refusals within the past 7 years), OP's options were limited.

OP did the prudent thing of submitting to the testing, knowing the results should be negative for alcohol and drugs. Had OP refused, OP could have challenged the suspension, but then it would be the officer's testimony versus the OP, with no actual proof that OP was neither drunk nor high.

We do not know OP IRL. It is possible that OP has a condition that the officer misinterpreted as a sign of impairment. For example, a speech impediment or foreign accent can be misinterpreted by some people as slurred speech.
It was worth repeating twice. ;)
 
Well, considering OP's choice was to submit to the test OR have an automatic 12 month suspension (more if there's been any refusals within the past 7 years), OP's options were limited.

OP did the prudent thing of submitting to the testing, knowing the results should be negative for alcohol and drugs. Had OP refused, OP could have challenged the suspension, but then it would be the officer's testimony versus the OP, with no actual proof that OP was neither drunk nor high.

We do not know OP IRL. It is possible that OP has a condition that the officer misinterpreted as a sign of impairment. For example, a speech impediment or foreign accent can be misinterpreted by some people as slurred speech.
Making a choice and being forced are two different things.
 

quincy

Senior Member
Making a choice and being forced are two different things.
It really depends on how LBW is using the word "force." Circumstances can make one feel forced to do something with no actual physical force being involved.

I would like to know what traffic violation led to the stop and arrest.
 

not2cleverRed

Obvious Observer
It really depends on how LBW is using the word "force." Circumstances can make one feel forced to do something with no actual physical force being involved.

I would like to know what traffic violation led to the stop and arrest.
Yes... It depends on which definition of "minor" is being used.

For some people it's stopping after the stop line because there's no visibility at the intersection due to overgrown foliage.
For other people it's turning left on red, because there's a "No Turn On Red" sign.
And for yet others it's going 75 mph in a 30 mph zone.
 

HighwayMan

Super Secret Senior Member
However, the charges of DUI and DUI-drugs still appear when I search for them under the municipal court website.
Apparently you cannot get the record of the arrest removed. You have no conviction to expunge, although Arizona does not allow for expungement of convictions anyway.

Arizona has "set asides" but that is only for a conviction - you were not convicted.

Feel free to consult with an Arizona criminal defense attorney to discuss this in detail, but from what I see in the information I looked through you will have this arrest on your record forever.
 

quincy

Senior Member
To go along with HighwayMan's post, following is a link to Arizona Statute 13-4051, which states you can petition the superior court to have included with your criminal record a notation that you were cleared of the charge. You can further try to get a court order that makes release of your record, as it relates to the charge, inaccessible without a court ordering its disclosure.

https://www.azleg.gov/ars/13/04051.htm

You have, by the way, Arizona Representative John Allen (chair of Arizona's House Judiciary Committee) to thank for the failure of bipartisan justice reform bills to pass, bills which included expungement provisions. Allen refused to schedule hearings.
 

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