DUI Offense
DUI Lawyers and Help
DUI offense has some pretty serious consequences right away
Once you have a DUI offense on your record, several parties may be able to see it. With new websites popping up everyday allowing nearly anyone with a few dollars or a bank account the access to criminal records, it's hard to keep something like a DUI offense private.
If you've been convicted of a DUI offense, you may want to try to clear your record. Sure, a DUI offense has some pretty serious consequences right away.
- In some states, your car can be confiscated and not returned. Your car, in many cases, may be your only mode of transportation, and if it's taken from you, there's a possibility that you won't be able to get to work or even go buy groceries.
- Your license may have been revoked. That means that even if you do have a car, you may not be able to legally drive to get anywhere.
- Moreover, a DUI can cause you serious financial difficulties. You'll have court fees and lawyers fines to pay as well as the expense of SR22 insurance if you do get to keep your car.
However, a DUI offense can have some lasting effects you may not have previously considered. DUI convictions go on your criminal record for a minimum of seven years. Because criminal records can be obtained by nearly anyone, this could cause serious problems for you.
You may not be hired for a job because you have a criminal record. You may be turned down for a credit application because of your criminal record. You may even be prevented from renting a home or an apartment if you have a criminal record.
All of this can lead to mental instability and excess stress which may lead to other serious problems. Luckily, though, even if you've been convicted of a DUI offense, there's something you can do about it - have your record expunged.
Expunging your record means literally having it erased so that others can no longer view it and penalize you for something the courts have already penalized you for. Your record is sealed and no longer available for viewing for the general public and most employers. Should government agencies need to access the record, though, they usually can.
Lots of different kinds of DUI offenders are eligible to have their records expunged, but this is particularly true if this was your first offense, and you haven't been in trouble since you were initially convicted. In most cases, a certain period of time must have passed in order to be eligible for this process. In some states, it's one year. In other states, it's as many as three years. In other places, though, you can have it sealed after just thirty days. It usually doesn't matter whether it was a felony or a misdemeanor conviction, but different states have different rules about the types of expungements available.
If you are interested in having your court record expunged, there are two possible courses of action in every state. First, you could revisit your initial DUI attorney (if you had one) and have him take care of the process for you. While this is fairly easy if you have a DUI attorney handle it for you, it can also be a bit costly.
Your other option is to handle the expungement process on your own. In most
cases, this simply means visiting the state's website to understand which forms
must be filled out to begin the initial process.
In some cases, those forms may be posted on the website itself. In other cases,
you'll have to contact the court clerk to get the appropriate forms. Keep in
mind that you typically have to fill out a number of copies of the forms in
order for the process to begin. Moreover, there may be associated filing fees
as well as fees for requesting your court records associated with the actual
case.
Once you've completed the necessary forms, you will need to deliver them to the correct parties. Again, this varies by state. In some cases, they will need to be sent to the attorney general of your state. In other cases, they have to be sent to the state police as well.
No matter who you are required to send your forms to, a hearing regarding the expungement of your records will eventually be scheduled. In most cases it takes the parties involved several months to review the actual application, so it is likely that you will have a few months to prepare.
When the actual hearing occurs, a state representative will attend to challenge your application. The court will hear your case as well as any reports filed by other parties in the case. Keep in mind that if you don't show up for your case, it will usually be dismissed. When you are preparing, be sure you have a copy of the application as well as a copy of your criminal record with you.
On the day of the hearing, be sure to show up on time and bring any of the paperwork that your state requires. As soon as the case is called, you will be asked to come forward. The state will have a chance to speak, and the judge will make his decision. He will have already reviewed your initial case file, so he knows what happened at the trial. You may have a chance to enter your statements into the record, and you may even have the opportunity to have witnesses testify on your behalf. Remember, the court is looking for some reason that the interest of justice would be well served if he sealed your record, so build your case, and your initial motions, around that idea.
If the judge finds that your records can be sealed, he will place an order in your file, and you will be given a copy of that order.
If you do manage to get your record expunged, you no longer have to list your conviction on the applications for jobs, housing, or credit. Only government officials will be able to view your file, so it's no longer necessary to let anyone know about the DUI conviction you suffered.
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DUI vs DWI
Basically, the terms DUI and DWI both imply the fact that the operator of a vehicle was under the influence of a mind-altering substance: alcohol or drugs. Technically speaking, DUI means "driving under the influence" and DWI means "driving while intoxicated." When comparing a DUI vs DWI, of the two charges, DUI is the least severe.
Appealing a DUI Conviction
If you were convicted of a DUI or DWI moving violation, you have the right to file an appeal. This means that your verdict will be reviewed by a higher-ranking court in order to determine if your trial was fair and the verdict was accurate.
DUI Program
If you have been charged with a DUI or drug-related offense, you can join an accredited state-sponsored DUI educational program. The purpose of these DUI/impairment programs is to reduce recurring DUI offenses and to provide the offenders with an opportunity to address their personal alcohol or drug abuse afflictions.



