By Jyoti Jha
DUI, or driving under the influence, is a serious crime that is noted under the motor vehicle laws present within the United States. If you are charged with DUI, then there are a variety of negative consequences. Due to this, it is necessary that you get your DUI expunged. In this article, we will discuss the process of DUI expurgation.
The DUI Process
If you have been charged with DUI, then you will know the serious consequences that are associated with it. This usually occurs when a police officer suspects that you are driving under the influence of certain drugs or alcohol, which makes you pull up to the officer. The officer will ask you to submit a breathalyzer or a field sobriety test.
You have the right to refuse to take such tests, but that does not stop you from being charged with a DUI. The prosecutor will be able to develop appropriate evidence against you based on the police officer’s observations or eyewitnesses. On the other hand, your refusal to take the test can also be used against you in court.
Consequences of DUI
If you are convicted of a DUI charge, then the first consequence you will face is suspension of your license. The length of the suspension depends on the state laws related to DUI offenses.
Generally, if you have been charged with DUI, then your license will be suspended for a time period of six months to a year. On the other hand, if you have been charged with DUI, then you will only be allowed to drive to and from work. Moreover, you will also be mandated to attend DUI classes for several months.
A DUI does not always mean that you will have a jail sentence, but first-time offenders can spend a night in a “drunk tank,” where intoxicated persons stay until they have the senses to file a bail.
Minor DUI offenses can lead to probation that will lead to completing the probation, like payment of fines and completion of terms and conditions associated with the probation. Upon completion of the probation period, you will see that the DUI record will be removed from your name.
What Is DUI Expungement?
Having a DUI charge will lead to a stain of criminal record against your name. But there is nothing to worry about, as there are ways you can remove a conviction of DUI from your name.
The process of removing a DUI charge permanently from your name, which is considered the process of DUI expungement. The DUI expunged from your records can lead to the removal of the criminal offense that you indulged in. But it does not mean that your driving record will be erased from the DUI conviction.
The bright side is none of the driving licenses you have acquired lasts for an infinite time. So, it is apparent that the DUI record will not stay on your driving record for a long period of time. This is because the consequences of a DUI generally tend to be suspension of the license for a period of six months to a year.
How To Get A DUI Expunged?
If you have been convicted of the charge of DUI, then you will be required to file an SR-22 with your car insurance provider. This will lead to an increase in car insurance premiums for a limited period of time. This wholly depends on the state laws you are adhering to. But there are certain states in the US that restrict the filing of DUI being expunged.
On the other hand, if you are someone who has been failing to comply with the sentence that has been associated with your DUI, then your appeal to have your DUI expunged will not be entertained. For instance, if you are not paying the fines or committing the same offenses again and again, it can lead to your DUI not being expunged.
How to get a DUI expunged in California?
The primary reason you might want to get your DUI expunged from your record is to avoid negative consequences. But the process of expunging a DUI can only be availed by some individuals.
On the other hand, an expungement is only applicable if you have been charged with a misdemeanor or a felony that meets certain specifications. The first step that will allow your DUI to be expunged in California is completing the terms of probation. If you are neglecting your probational duties, then your appeal to get your DUI expunged might be affected.
The next process that will make your DUI expunged is your evidence of not serving in the state prison previously related to a similar offense. However, even if you have served time in jail but fall under the category of Proposition 47, then you will be eligible for your DUI expunged.
How Can You Complete Your DUI Expunged Process?
The process of completing your DUI expunged can only be completed after you have completed your probation terms. You are advised that you stay diligent in the process to effectively get your DUI expunged.
After completion of the probation, you will be required to file a petition in court regarding your DUI being expunged. A judge shall review your petition to determine whether you are eligible to get your DUI expunged. Upon determining your eligibility, the judge will grant your expungement appeal.
Can You Drive Again After DUI Is Expunged?
If you have lost your driver’s license due to DUI, then expungement will not allow you to acquire your suspended or revoked license. Generally, it is uncommon for cases that enable the court to revoke your driver’s license on a permanent level.
If such a circumstance has arisen in your case, then your DUI being expunged will not undo the revocation. On the other hand, permanent suspension of the license following a first-time DUI will only last for six months. However, the period of probation lasts for a year which can lead to getting your license back even without the expungement process.
Final Thoughts
If you are being convicted of the charge of DUI, then expunging it from your driving record can be a usual thought. We advise that before you take any decision in filing a petition for expungement, you hire and take advice from a DUI defense or criminal defense lawyer.
Taking advice from an experienced criminal defense lawyer will make your DUI expunged process speed up. Hope you have found this article helpful and informative.
Read More:
What's your reaction?
