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DUI and Expungement: Clearing Your DUI Record

A DUI conviction can, like any criminal conviction, haunt your criminal record and employment options. DUI criminal records can also affect your driver’s license and insurance rates for many years after the incident. Some states offer the opportunity to expunge your criminal record, and if you are eligible for expungement of your DUI criminal record, then the energy to clear your DUI record is well worth the effort. Contact a DUI attorney with questions about how to expunge your DUI criminal record.

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What happens if you get a DUI?

What happens when you get a DUI depends on whether you have ever been convicted of DUI before, and on the circumstances of your drunk driving arrest. If you have never had a DUI before, the consequences could be as minor as probation, while other DUI convictions can lead to prison time.

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What effect does the Driver’s License Interstate Compact have on your driver’s license after a DUI conviction?

The Interstate Driver’s License Compact is a contract between states that enforces a DUI arrest out of state by agreeing to honor the state’s DUI license suspension requirements. This means that if you are arrested for and convicted of a DUI in another state, that state could request a DUI license suspension effective in your home state. Consult an experienced DUI attorney in your state to determine whether or not it participates in the Interstate Driver’s License Compact.

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What are the possible punishments for drunk driving?

If you are an adult age 21 or over and you have been arrested for drunk driving, this generally means that law enforcement determined that your blood alcohol content (BAC) was 0.08 or higher while you were operating a motor vehicle. While penalties for drunk driving vary by state, all states have adopted 0.08 as the standard to impose charges for driving while intoxicated, or DWI, driving under the influence, or DUI, or operating a motor vehicle while intoxicated, OUI.

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How a DUI Record May Increase Any Future DUI Punishment

Once you have a DUI record, the history of those arrests and convictions can continue to affect your punishment options for future DUI arrests. Regardless of whether your DUI record contains arrests, convictions or probated sentences, any DUI record can increase your punishment if you are arrested again for driving while intoxicated. If you have been arrested for a DUI, consult with a DUI attorney in your jurisdiction immediately to start reviewing the options for mitigating your record.

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Overview of Out-of-State DUIs

DUI’s are not limited to a person’s home state. When a DUI arrest occurs in a location you would rather not visit again, the temptation is to reason that you are never going back, so why worry about the out of state DUI arrest. Regardless of where you are from, the worst thing you can do is to ignore an out-of-state DUI arrest.

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Requirements for a DUI Checkpoint

Not all states permit law enforcement to conduct DUI checkpoints. Those states that do permit drunk driving checkpoints have very specific rules for conducting and enforcing DUI checkpoints that police officers must follow. If the DUI checkpoint meets your state’s requirements, then law enforcement officers can stop you to determine if you are driving while intoxicated. Failure to set up a valid DUI checkpoint can result in a suppression of evidence and a dismissal of a DUI case.

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Refusing a DUI Breathalyzer Test

Refusing a DUI test may be tempting if you only consumed a small amount of alcohol, or if you didn’t drink at all and feel the officer is treating you unfairly. However, it is important to understand what the possible advantages or consequences resulting from refusal to submit to a blood alcohol test. Consult a DUI attorney with specific questions about how the law in your state treats refusal to take a DUI test.

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If I am stopped and the officer asks me if I’ve been drinking, what should I say?

You have several options if you are stopped by law enforcement for suspicion of drunk driving, and you are asked if you’ve had anything to drink. All of these options have their own potential consequences, depending on how much you’ve had to drink and the personality and mood of the individual officer handling the DUI stop. If you have been drinking and are over the legal blood alcohol limit, nothing can keep the officer from arresting you for drunk driving. But, choosing the appropriate option for the right situation may help your DUI case down the road.

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