DUI Conviction and its Effects on Your Record

If you have been charged with, or convicted of, DUI/DWI you most likely face two separate legal issues: civil, or administrative, and criminal.

Civil/Administrative Legal Issues: In most states, if you refuse to take a field sobriety test or BAC test your license will be suspended immediately. In some states you license may be suspended upon arrest regardless of whether you submitted to field sobriety testing or not-even prior to conviction. In many cases, you may file for an administrative hearing within 5-10 days of your suspension to appeal the suspension and possibly have your license reinstated, if only provisionally. This is an administrative/civil issue, separate from any criminal charges you may face. It is important to understand that since this is an administrative issue, you cannot be represented by a public defender. A public defender can only represent you in the criminal aspects of a DUI case. Obtaining a qualified attorney can be very helpful in assisting you at the administrative hearing.

Criminal Charges: When you have been arrested or charged with DUI/DWI the severity of the charges may vary. If it is a first offense, and there has been no personal injury, you will most likely face a misdemeanor charge of DUI/DWI. Penalties for a misdemeanor DUI may include: jail time from 24 hours up to 30 days, fines ranging from $600 up to $2100, suspension of driver’s license for at least 90 days, DUI classes or alcohol counseling, probation, and community service. Penalties vary from state to state. If this is your second or third DUI or if the incident caused bodily harm or death you will most likely be charged with a felony. A felony is a serious crime and sentencing often includes incarceration in a state prison as opposed to a county jail, higher penalties, license revocation, community service, probation, and drug/alcohol counseling. Again, penalties vary from state to state.

If you are convicted of DUI/DWI you will have a permanent criminal record that will follow you throughout your lifetime. Some states allow you to have your record expunged after a certain period of time depending upon your situation. A criminal record appears on background searches for jobs and on your credit bureau reports causing lasting damage to your name and your life. A qualified attorney can help you determine your options for expunging your criminal record from a DUI/DWI conviction.