A Brief Overview of DUI Expungement


Have you been arrested for driving under the influence (DUI) or for driving while intoxicated (DWI)? In some cases, even when you’ve been convicted of this crime, you may be able to have your records expunged.
When you contact a law firm for help, an expungement lawyer will be able to explain the conditions under which this may be possible.

According to Findlaw, expungement “hides a DUI/DWI arrest or conviction in the eyes of the law.” If you are granted an expungement, however, if you commit another crime, there is still a possibility that your prior conviction may be used to show a pattern of behavior.

When you are able to have an arrest or conviction expunged, according to Findlaw, there are a few potential benefits that may apply in some, but not all, cases. Basically, this means your arrest or conviction information may not be visible to the following individuals, institutions, or organizations:

    Prospective employers.
    Educational institutions
    Credit issuers
    Others conducting background checks

If this is your first offense, you may be able to have your DUI expunged. This does depend on the state, however. FindLaw also reports that some states will only allow expungement when you don’t please guilty or if you aren’t convicted. Ultimately, it will be the court’s decision.

If you were a juvenile when arrested for a DUI, you may also be able to have your record expunged. As with the situations above, this depends on the state, and in some cases, the county, within which it occurred.

It’s important to know that currently, all states have “per se intoxicated” laws. What this means is that if your blood-alcohol concentration (BAC) is .08 or above, you are considered to be intoxicated. Your criminal defense attorney may challenge these results prior to or during trial, however.

Findlaw indicates that it is common practice to challenge these results, which includes the machines used to measure your BAC as well as the procedures that were used.

When you contact a criminal defense attorney to discuss your case, they will explain your rights and responsibilities in detail. The Sixth Amendment, for example, grants you the following rights:

    The right to legal representation
    The right to a speedy trial
    The right to confront witnesses

Due to these rights, your criminal defense attorney may interview witnesses and review video feed to determine if there is any information that can assist with your case. If you are convicted, the cost you incur may be $20,000 or higher.

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