DUI Help and Advice

Making the DUI process easier

Expungement

Can A DUI Be Expunged?

Failure To Issue Implied Consent WarningThere are situations when a DUI can be expunged. If you have received a DUI conviction, you will need to complete any sentencing before you can proceed with the process of having the charge expunged. A DUI conviction can prohibit you from getting a job or driving your car. It could also interfere with leaving the country or getting specific licenses that can help you get better jobs. After you receive the DUI charge, you will have to appear before a judge so that your case can be heard. There are several scenarios that could occur depending on the length of your criminal record, your demeanor when you were pulled over for the DUI and how you act in court.

The judge will give you a sentence based on your history. If you are placed on probation, then you will need to complete all of the requirements before you can attempt to get your record expunged. There is the possibility that your license will be revoked. If this is the case, then it won’t do much good to have the record expunged because you won’t be able to drive anyway until your license is reinstated. When you have fulfilled the sentencing bigstock-Lawyers-in-the-law-library-at--80219453-2requirements, then you can get a form from the courthouse to begin the process of expungement. Fill in all of the information required on the form, including the docket number for the case. You will also need to pay a fee. There could be additional forms to complete if the DUI is considered a felony charge. A copy of the form will be sent to the prosecutor, who will make a decision.

If you are unsure of how to complete the form, then you should contact an attorney so that he can help you. It is important to follow any recommendations that the attorney gives you regarding having your record expunged. If the attorney doesn’t think the record can be taken care of, then you can either halt the procedure or try to find another attorney.

Is A DUI / DWI A Felony?

Charges for driving under the influence or driving while intoxicated, also known as DUI or DWI, respectively, can either be misdemeanor or felony charges. There are several factors that determine what level the charges someone faces are, the most common of which are the circumstances surrounding the charges and whether someone has been convicted of a DUI or DWI before. Naturally, felony DUI charges generally carry penalties that are more severe than misdemeanor charges; however, most DUI charges are considered misdemeanors.

The most common factors aside from a previous conviction that go into determining the level of a DUI charge are the accused person’s blood alcohol concentration and whether someone else was injured due to the actions of the driver. In some cases, having a BAC of more than two times the legal limit, which is 0.08, can turn a misdemeanor DUI into a felony DUI. Additionally, if an intoxicated driver caused an accident that resulted in property damage or harm to an individual, the charges may be elevated and are sometimes referred to as “aggravated DUI.”

Just because someone has been convicted of a DUI before does not mean that the next time he or she is cited, he or she will automatically face felony DUI charges. In some states, it takes three, four or even more convictions for a DUI to become a felony charge.

If someone is convicted, the penalties for a misdemeanor DUI can include jail time, suspension of the person’s driver’s license, probation and fines. For a felony, the same penalties apply, but they may include a prison sentence of a year or more.

Understanding the charges someone faces, whether it is a felony or misdemeanor, as well as possible penalties is important when determining how to deal with them. An attorney may be able to explain an individual’s situation and options as well as help the person decide if the best route is to plead not guilty or to attempt to arrange a plea bargain. With a plea bargain, people may be able to reduce the charges they face and even expunge them from their record.

How To Get A DUI Expunged?

Individuals with criminal records often seek to have them expunged so that they can access more opportunities. The legal codes in most states include specific stipulations providing mechanisms for those who want to expunge their criminal records so that their histories don’t have to be revealed to landlords and employers. The process varies, however, so it’s important to research the laws in each specific jurisdiction before getting started.

Those who want to expunge their criminal records must first check their state laws to find out if they’re even eligible. For instance, some locales only permit misdemeanors and arrests to be expunged but draw the line at felonies. Similarly, specific individuals may be prohibited from expunging their DUIs or DWIs if convicting judges deem that they should remain on their record permanently or they haven’t finished fulfilling the terms of their punishment. Judges may also require people to complete drug or alcohol rehabilitation programs before they gain eligibility, and some states ask offenders to submit eligibility applications just to be certain.

After determining whether they’re eligible for record expungement, those with DUIs or DWIs should usually obtain their criminal records, even if their states don’t require this step. Using the information about the specific offenses they want to expunge as a reference, they can then fill out their state’s forms and petition documents.

In most instances, applicants will have to pay a standard filing fee. Some states also require that individuals request a hearing so that an official can judge the validity of their application. Hearings may be complicated, and some sources recommend legal representation during such proceedings.

Finally, note that expunging a record isn’t the same as sealing a court record. Although neither kind of modified record can be accessed by the general public, DUI offenses on sealed records still exist, so they might be referenced by authorities, such as judges and courts, in the future. Pardons are similar in that they remain on record. Learn more about getting a DUI or DWI expunged by contacting a lawyer.

Public official sentenced to probation after first DWI charge

A Maryland public official was sentenced to one year of probation after pleading guilty to a charge of driving while impaired. It was determined that the Charles County commissioners’ vice president would be supervised for the first three months of his sentence and barred from operating a county vehicle for the next three years. Upon successful completion of the probationary period, the DWI conviction would be expunged from the man’s record. He was expected to run for Charles County commissioners’ president in the next election.

The incident that led to the charge for drunk driving took place on Jan. 30 at approximately 8:35 p.m. While traveling in a sedan along St. Charles Parkway, the man was pulled over by a Charles County sheriff’s officer. According to the officer, the man was seen driving onto the shoulder of the road. The officer also claims that the man had bloodshot eyes and a strong alcohol odor on his breath.

In court, the man mentioned that the incident marked the first time that he had been in any kind of trouble. Following his detainment, he explained to a local reporter that he had made the mistake of driving after a family dinner that included wine. According to reports, when he was stopped by his home and office, the man was given a breath test and found to have a blood-alcohol content of .10 percent.

The man, in this case, may have received a reduced sentence in part because of his status as a first-time offender. After being charged for DWI, a person with an otherwise clean record may be able to work out a similar plea deal in order to avoid spending time behind bars and having a conviction on their criminal record permanently. While negotiating a plea bargain with the prosecution, a criminal defense attorney may point to certain mitigating factors, such as the defendant’s cooperation with the arresting police officer.

Teen seeks to have DUI expunged

After several months of legal challenges, an Arizona teen accused of smoking marijuana and driving had his charge dropped in December. The teen, who said he has never tried the drug, is now trying to get the DUI charge removed from his record.

The teen was pulled over and taken into custody after law enforcement officers suspected him of using marijuana in a Phoenix suburb in August. He said he veered into his vehicle after bending over to pick something up. A Maricopa County deputy determined signs of impairment and issued a field sobriety test. The teen said that he hadn’t used the drug but was with people who had. He further claimed that he didn’t do well on field sobriety tests.

A subsequent blood test showed no illegal drugs in his system. A spokesperson with the Maricopa County Sheriff’s Office reported that 5 to 6 percent of all cases come back with no drugs showing in the blood. He explained that medical issues, prescription or synthetic drugs and other reasons could lead to a negative drug test. However, he added that the courts convict offenders in between 94 and 95 percent of cases.

His lawyer has been fighting on his behalf and helped get the charge dismissed. However, the fact of his arrest will remain on his record permanently unless he can legally have the charge expunged. When he began to apply for college, he knew the charge would show up on his record, which could have affected his chances of entering the school of his choice. His lawyer is seeking the removal of the arrest from his criminal record.

DUI expungement from a person’s record can be challenging, even for someone who shouldn’t have been charged in the first place. A criminal defense attorney might be able to help clients have an arrest completely removed from their record so that it will not affect their future school, employment or housing opportunities.