Does law of DUI (driving under the influence) change from state to State?

Posted by on . 10 comments.

I got a DUI in Ca and want to move to NY but I am wondering if my record will be cleaned up when I move there. I need some serious information. please dont answer yes or no..


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  1. mikeysco says:
    August 29, 2010 at 1:42 pm

    DUI is not a national law, each state has their own statute(s) dealing with it.

    Your question isn’t especially clear, I’m afraid. You got a DUI in California, and without knowing when you’re going to move to New York, you want us to tell you if your record will be cleaned up?

    A DUI conviction will ordinarily stay on your California driving record for ten years. I don’t know if that’s the answer you were looking for, but it’s the only one I can come up with based on your question.

  2. kiwilimejuice says:
    August 29, 2010 at 1:42 pm

    i dont think they go away.. i think its a national law

  3. starrwoode says:
    August 29, 2010 at 1:42 pm

    the fines and times for jail or losing liscense are different in many states but it wont be cleaned up, you still committed a crime and you still will have to live with the situation.

  4. Just Me says:
    August 29, 2010 at 1:42 pm

    No, it will stay on your record no matter what state you move to. It is called a criminal history and any state can get anyones criminal history from any state!

  5. patti says:
    August 29, 2010 at 1:42 pm

    You can answer this one yourself…if I get drunk and kill you in California does that mean if I move to Colorado it didn’t happen? Loser, don’t drink and drive.

  6. Anne M says:
    August 29, 2010 at 1:42 pm

    It sticks. Sorry kiddo

  7. FRAGINAL-PINOY AKO says:
    August 29, 2010 at 1:42 pm

    DUI laws are different for some states.

  8. Andrea R says:
    August 29, 2010 at 1:42 pm

    I’m not sure how long it will stay on your record in CA but if you move and your criminal history is checked It will show up. I work as a dispatcher at a PD and our computers allow us to check in state RAP sheets as well as out of state RAP sheets. It won’t go aways until its actually gone from your record and i’m not sure how long CA keeps it there.

  9. fr_chuck says:
    August 29, 2010 at 1:42 pm

    Your record will follow you, ( but each state does have its own law as to what requirements are for conviction, evidence needed and the such.)

    but your convictions for any driving offense or criminal offense travels with you no matter where you go

  10. fkalawyer says:
    August 29, 2010 at 1:42 pm

    There are several different issues in play here, which may be why the answers you’ve received thus far seem a bit scattered and even contradictory.

    First, your criminal history remains, even if you move out of state. There are two different ways in which a law enforcement agency, employer, etc., can check your criminal history, and whether or not an out of state conviction shows up depends on which they use. If only your state history is checked, the conviction may not show up, but if the national database is checked (which is most often the case), then it will.

    What I suspect, however, is that you’re most concerned about the driver’s license suspension, high risk insurance, etc. that follows a DUI conviction. If NY and CA are both compact states (I believe that they are, but don’t know for sure), then restrictions on your right to drive, etc. will carry over from one state to another.

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