Peter Blair | April 8, 2016 | DUI
You may have many questions regarding DUIs and wonder why it is important to never get behind the wheel when you are impaired. One of the most common questions people have is, “If I am involved in a DUI accident and I was driving drunk, how long will my conviction stay on my record?” The truth is, it depends on whether or not you received a misdemeanor or a felony. In California, a misdemeanor or felony DUI can be on your record for up to 10 years! For a misdemeanor, after 10 years, the courts and DMW cannot use your DUI against you, however. Many legislature measures are being taken in California to be more aggressive toward those who are arrested for DUIs. These efforts include making it more difficult to get out of a DUI after a certain amount of time, meaning it can be used against you the rest of your life. This means ten years down the road you could receive a second DUI and it would be seen as such by the courts, never to be erased.
Should I expect a driver’s license suspension or a court hearing?
If someone refuses a sobriety test, then their license will be taken away from them as a suspension. However, many states will wait until a court appearance takes place after 5 to 10 days. Both the department of motor vehicles and the criminal court system will probably attempt to suspend or revoke a person’s driver’s license at the same time. They will consider the circumstances surrounding the arrest and decide on revoking the license from such. However, they always look at the unique situation and make sure that the arrest was based on reasonable grounds. Even with a license suspension, many people will be able to receive a hardship or occupational license, which means that the defendant can get to places like a job during that time frame only for employment purposes. Yes, you will also go to court for a DUI arrest. If no injury is involved, you may expect a misdemeanor and if injury or death occurs, you may receive a felony. Court proceedings will take place to address a blood alcohol test, and expert testimony on the circumstances. The party should expect to go through the entire process including arraignment, trial, and sentencing.
Will anybody be able to find out about my DUI?
You are entitled to some privacy as it pertains to your life; however, if you receive a DUI, you may find that your private life unravels before the lives of many important figures. Employers, landlords, volunteer organizations, and even day care centers will have access to this information. They must request this information because of liability concerns.
How can I petition the court to restrict people from discovering my DUI?
In California, a defendant is able to petition the court to order something known as a non-disclosure. This means that an employer or credit bureaus can no longer see the DUI conviction or probation history on a person’s record. Not all states do this. For instance, in Texas, judges are not authorized to order expunctions or non-disclosure for DUI defendants. Have you been convicted of a DUI and need an attorney on your side who can help you with your case? DUIs can be very serious and carry very complex laws. Find out more by calling The Law Office of Peter Blair today.