Expunge Your DUI Arrest

Under Tennessee law, a conviction for DUI can carry many penalties.  A first offense Tennessee DUI, for example, will carry a minimum 48 hours in jail, but a second offense conviction carries a minimum 45 days in jail.  The type and severity of penalty will depend on the facts of the case, and whether the individual has a prior conviction for DUI.

For first offense Tennessee DUIs, in addition to the minimum 48 hours in jail, the individual will go on probation for 11 months and 29 days minus any jail time served.  So if the individual serves 48 hours in jail (equal to two days) they would go on probation for 11 months and 27 days.  Under Tennessee law, if a driver’s blood alcohol content is .20% or greater they must serve seven days in jail.

First offenders will pay a minimum $350 fine in Tennessee, with a maximum of $1500.  First offenders will lose their license for a period of one year but may apply for a restricted license.  The restricted license will allow them to drive only to work, school, church, probation meetings, or court-ordered activities such as alcohol safety school.

For a second offense, as I stated above, the minimum jail time is 45 days.  The probationary period is 11 months and 29 days minus any time spent in jail.  Second offenders in Tennessee pay a minimum $600 fine, with a maximum of $3500.  Their license will be revoked for two years, and they may apply for a restricted license but will not be eligible for at least one year.  That means that a DUI second offender in Tennessee will not have any type of driver’s license whatsoever, even a restricted license, for at least a year.  Second offenders will be required to install an ignition interlock device.

In addition to these penalties, a DUI conviction in Tennessee remains on the individual’s record forever.  This is perhaps the most serious consequence of a DUI and something I always tell new or prospective clients.  Many first offenses in Tennessee can be expunged through a process called diversion; however, DUI is not one of them.  It remains on the individual’s record forever, even if they’ve never had so much as a traffic ticket.  Obviously, having a DUI on your record can affect your employment prospects. 

Because of the potential penalties, it is important for a person charged with DUI in Tennessee to seek out an experienced DUI defense lawyer.  There may be ways to challenge the case on a number of legal or factual grounds, possibly resulting in a dismissal or reduction of the charge.

Originally published here.

A North Dakota DUI arrest creates two separate cases: The first is an administrative case with the Department of Motor Vehicles, which determines if your driver’s license will be suspended for a few months or for several years. The second is the criminal case with the courts to determine if you will be convicted, sentenced to jail, required to pay any fines, be directed to take alcohol education courses, and/or if you will be required to have an interlock ignition device (IID) installed in your car. Your dui defense lawyer can represent you in both cases, working to keep your driving privileges and freedoms intact.

There are two separate theories under which the North Dakota DUI criminal case can be prosecuted and, depending on the circumstances, you can be prosecuted under one or both theories. The first is the per se law that makes it illegal to drive with a blood alcohol concentration (BAC) of .08 or above, and has nothing to do with how safely you were operating your vehicle. The second is the traditional theory of impairment, meaning you were found to be operating your vehicle unsafely because you had been drinking or taking drugs. Under this theory your driving pattern or your lack of coordination during field sobriety tests are going to be used as evidence of impairment.

A dui defense attorney can defend your case depending on which theory you’re being prosecuted under, and it is possible to be prosecuted under both theories. From disputing the findings of the chemical test that was used to determine your BAC was .08 or above, to discrediting the methods used during the field sobriety tests, the best dui attorney will use all the ammunition in his arsenal to not only lessen the charges against you, but to attempt to have the charges dismissed entirely.

All dui cases are unique, and these differences can lead to various dui consequences:
Did you refuse to take a blood, breath, or urine test to determine your BAC? You can still be criminally prosecuted in court, because refusal is evidence of consciousness of guilt. A refusal will also affect your driver’s license; it will be automatically suspended from one to three years because of the implied consent law.

Do you have a prior DUI? North Dakota has a washout period of seven years, which means that if your prior DUI was more than seven years old, it has been washed off your record. If, however, the prior DUI was within seven years, then the dui punishments will be greater than if this was a first offense.

Were there any aggravating circumstances surrounding your case? These include a dui arrest when a minor is in the vehicle, a dui accident involving death, injury, and/or property damage, excessive speed, or other additional driving citations. Aggravating circumstances usually bring increased fines and jail sentences.

No matter the circumstance, you’ll need an experienced professional defending your rights.

http://www.myduiattorney.org/north-dakota-dui-lawyers.html

Originally published here.

For many, college is a springboard into a world of great opportunity. If your college student son or daughter has been accused of a crime, it is vital to expunge the charges or at least minimize their impact on his or her future. For an experienced attorney, there may be a variety of methods used to keep a college student’s record pristine so that he or she may have a clean slate in the eyes of prospective employers. In many instances, your son or daughter may be able to enroll in a program in lieu of a conviction. If your college student has been accused of a crime, it is essential to attain a defense lawyer who possesses a complete knowledge of the options available and the tactics necessary to avoid conviction and to protect your son’s or daughter’s future.