Expunge DUI Records

Driving under the influence (DUI), as we know, is an act of driving while a person is intoxicated either by alcohol or drugs. The drunk driving statistics have been quite alarming in the recent past. In 2008-09, there were nearly 38,000 DUI cases in the US alone, with states like California, Georgia, Florida, and Texas recording the highest number of DUI cases. Considered to be a criminal offense in the US and several other parts of the world, this phenomenon has prompted lawmakers to crack down on DUI offenders, ordering harsh penalties for the convicted drivers. Currently, all states in the US have enacted per se laws that restrict drivers having particular blood alcohol content (BAC) level from operating a vehicle. Generally, the specific DUI laws vary from one state to the other and from country to country.

Consequences of DUI

The DUI penalties depend on whether you are convicted of similar offenses in the past. If this is your DUI first offense, you are expected to pay a huge fine. In many states, your license is suspended temporarily and it becomes mandatory for you to attend DUI educational classes. Other consequences are:

• If this is your second DUI offense, you will certainly face jail sentence, permanent license suspension, a hefty fine and/or court cases.

• Most employers prefer that their employees should have a clean driving record. So, if you have DUI records, chances are that you may lose your job and also have problem finding a new job.

• Those convicted for DUI driving also have to pay higher insurance premiums to their company. At times, the existing policy is also dropped under the drunk driving laws of a particular state.

• Other problems may occur, for example, DUI arrests can weaken an individual’s position in a custody battle, rental applications may get rejected and educational scholarships and loans may be denied.

• In countries such as Canada and some states in the US, immigration related rights may be denied or delayed.

Consulting a DUI attorney

DUI records can be disastrous for your future. But what should you do if you are convicted? You have a solution. The most important step is to consult a competent drunk driving attorney. There are criminal law firms that have specialized lawyers who handle DUI-specific cases. With the advent of the internet, finding the best san mateo dui attorney has become even simpler today.

What you need to know while looking for a DUI lawyer?

You should look for a knowledgeable and experienced DUI lawyer, who knows the DUI laws and ensure that you avoid the severe penalties following a drunk-driving conviction. Look for the number of DUI cases he has handled before and how those trials were resolved.

It is important that you are absolutely honest with your lawyer when you inform about you prior DUI history. For first time DUI offense, penalties are less severe than second or third time DUI cases. You should also produce the necessary documents that are required by your lawyer. He will be your best guide who knows the tricks of the prosecution and in many instances will help you get a DUI expungement as well.

Originally published here.

It is supposed to ensure that your BAC is under .02 before allowing your car to start or continue to run.

Getting a DWI in Arkansas just got a little bit costlier. Prior to July 31st, if you were charged with a first-offense DWI (under a .15 BAC), then you could have a “free” work permit that allowed the accused to travel to and from work without having an ignition interlock device (often referred to as an “interlock”) installed on their car. Under the old law, as long as there was not a Refusal also charged, then the suspension period was 120 days. If you blew over a .15 or were chargedwith a Refusal, then the suspension period was 6 months and you were required to install an interlock to be able to drive.

Beginning July 31st, the work permit no longer exists (except for a first-offense DUI). Also, there is no longer any legal distinction between a BAC lower than .15 and one that was .15 or higher. All first-offense DWI’s and/or Refusals include a 6 month suspension, and you must have an interlock installed to be able to drive during your 6 month suspension period (having an interlock license for 6 months is actually a MANDATORY requirement for you to be able to get your license back).

There IS one silver lining for accused drivers (actually, it’s more of a “gold lining” for interlock retailers). The old law prohibited 2nd and 3rd Offense DWI’s from obtaining any sort of relief (whether a work permit or an interlock license) for the entire 1st year of each’s suspension period. The new law allows 2nd and 3rd Offense DWI’s to obtain an interlock license after only 45 days, as opposed to 1 year. There is no change for 2nd and 3rd Offense Refusals; they are still prohibited from any sort of relief. Unlike first-offense DWI’s, repeat-offense DWI’s do not appear to have a mandatory interlock requirement.

It should be noted that there are many legitimate reasons why a person may not want to have an interlock installed, such as the cost (roughly $150 for installation and $60 per month), the embarrassment, the hassle of having to constantly blow into the interlock while driving, and the real possibility that a mechanical error or false positive could lock you out of your car and leave you or the driver stranded.

So you’re considering driving during your suspension period without having an interlock license? Bad idea. First, if you are caught driving, the crime of Driving on a Suspended License for DWI includes an automatic 10-day jail sentence. Second, as stated above, the interlock is mandatory, and you will not be able to get your license back until, in addition to other requirements, you have had an interlock installed on your car for 6 months. That is, unless you win your case in the meantime. In short, unless you win, there is no way around having an interlock in your car for 6 months if you ever plan on driving legally again.

Luckily, it’s not too late if you want to start up your own interlock retailer to try to recoup some of those interlock fees. There shouldn’t be any lack of business thanks to our local lobbyists and legislators.

BJW

Brad J. Williams is an attorney at the Law Offices of Bennett & Williams in Conway, Arkansas. His firm practices criminal law, specializing in DUI / DWI defense.

Originally published here.

Get the facts from an attorney on Florida’s seal and expunge laws. Erase all public records regarding your case now.