Would A DUI Technically Stay On The Person’s Record Forever?
Yes, unless the person had it expunged. They would have to wait for 10 years to have it expunged in Utah, although they would go after it if they were looking at out of state convictions that happened 5 years ago.
What Is The Look Back Period In Utah On A Prior DUI Conviction For Multiple Offenders?
The look back period would be 10 years from the date of the last conviction. It would be the same with the driver’s license division, so for the administrative portion of it, if someone was looking at a second or a subsequent offense, they would look back 10 years to see if the person had a prior, and it would be the same with the prosecutor because they would also look for prior convictions. The interesting thing about looking back is whether the prosecution would look out of state, because some prosecuting agencies can be really hardcore on the prosecution and it would be the mission of that office to really hammer the drunk drivers and impaired drivers, so they would run an NCIS, a national criminal background scan to see if there were priors in some other states.
Some prosecutors do not go that far, although I have handled cases where my clients had a prior out of the neighboring state, Colorado, and the prosecution, requested all the documents and all the information from that other court. They then decided they would go forward with the case as a second offense because the person had prior convictions out of another state.
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