Expunge Your DUI Arrest

Almost every dui charge consists of a breathalyzer test reading giving a blood alcohol content level. If you have been in this unpleasant situation then you understand the importance of the test results. If you blew 0.09 to 0.14 you have an excellent chance at challenging the breath test results and beating your dui charge. The fortunate reality is that you can beat breathalyzer test results in court with proven tactics.

Every dui arrest has a persuasive police officer that forces you to take the breathalyzer test. You may have been told that you will be let go if you took the test no matter what the results were. These unfair tactics are solely used as evidence in court against you. You do have the right to refuse all tests but most first time dui offenders are not aware of the laws. Respectable people have been all too often misled in dui testing occurrences and face thousands in fines just because an unreliable breathalyzer machine says they had too much to drink. Now if you took the test under those circumstances then you might have a case in court to beat or dismiss the breathalyzer test results. Here are some more ways to prove breath tests inaccurate:

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· Breathalyzer results have a 12% fluctuation in results and leave room for error

· Breath testing may have been administered too soon after your last drink

· Machine calibrations were not properly performed and can cause invalid readings

· Portable breath tests are not accurate and results should be admissible in court with proper representation

Your next step in beating the breathalyzer test results is finding the proper representation in court. Beware that many attorneys are not qualified to challenge these test readings and inaccuracies. Some will quickly take your money upfront and settle your dui case with an easy plea bargain. This plea bargain outcome will most likely be on your record every time you go apply for a job. This is not what you are paying thousands of dollars for. Remember that you should have the final say with the outcome in your dui case; not your attorney. An experienced dui attorney understands this and works with his clients and points out all possibilities.

Learn all the possible ways you can beat the breathalyzer test result in court and all other aspects of the arrest. Your understanding of what your up against will give you the upper hand before you step foot in the courtroom and give you the chance to beat dui charges.

Originally published here.

DUI records are usually a part of the adult criminal record and a matter of public record. This means that anyone willing to seek out those records can be able to learn about your criminal history. DUI convictions are also regularly found in local newspapers. The question is will a DUI ever come off your records? Read more to seek the answer.

In most of the cases, A DUI conviction can continue to be on your driving record until further notice. However, you can appeal the court to remove a DUI from your record. Make sure you are well aware as the legal process varies by state for clearing a DUI from your driving record.

If the judge declines to grant you a new trial or you drop your second trial then you may be entitled to petition your DUI conviction. If there is a blunder of law at your trial or the board of judges entirely overlooks the facts then you may have justification for an appeal. An appeal engages filing briefs with the court and an oral dispute. However, you will not be needed to be present or participate in the appeal. If your appeal turns out to be successful then your conviction will be inverted and your record will be cleared.

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If your appeal turns out to be unsuccessful, then you still have some alternatives. In many states, you may be entitled for an expungement. An expungement is a legal procedure in which, following the passage of an assured amount of time, after your conviction or arrest which is normally one year, your DUI attorneys or DUI lawyers can apply to have your DUI conviction wiped out from your criminal record. However, in most states an expungement is not accessible for an offensive conviction and in many states it is not even accessible for a crime or even for trial.

If you or someone else has been involved in a DUI or if you have been arrested or charged for a drunk driving offense, simply don’t wait for any miracle to happen or keep on wondering will a DUI ever come off my record. If you do, you could endanger the precious legal rights.

Originally published here.

You know you should have never gotten behind the wheel to begin with.  Or maybe, you thought you were fine, and below the legal limit.  But here are police lights behind you, you have the odor of alcohol on your breath, the officer is walking up to your window, and there’s nothing you can do about it now. If you are stopped or arrested for DUI, then there are five things that you need to know now that you should never do.

1. Don’t  Freak out, and Don’t Admit to Anything

I often have people asking me about immediately start popping mints, Listerine breath strips, chewing gum, or even reaching under the seat for that flask that they’ve kept hidden for just this situation (so that the police can’t prove when the alcohol was consumed). Suffice to say that reaching around frantically in your car for anything, especially something shiny and metal as the officer approaches your vehicle is a good way to increase your chances of getting shot.  Roll down all your windows, (this also airs out the car), turn on your interior lights, put your hands high on the steering wheel, and don’t get out of the car.

Now is also not the time to go into detail about what you had to drink and about how you’re fine. Because the Fifth Amendment protects you from self-incrimination, you have the right to refrain from answering any and all questions that the police officer asks you. This means that you do not have to tell the officer how many drinks you had.  If you do not say anything, the officer can’t testify later in court that you were slurring when he pulled you over. Your refusal to speak cannot be held against you, so do what any judge or lawyer would advise you to do –  politely refuse to answer any questions, and tell the police that a lawyer told you not to answer any questions (since you are reading this, this is now true).

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2.  Don’t do the Field Sobriety Tests (FSTs).

In California, the FSTs are optional, and voluntary.  They are designed to give the police evidence to support probable cause that you were under the influence, and can be refused without any consequence.  Field sobriety tests include the walk and turn test, the horizontal gaze nystagmus (follow a pen, flashlight, finger with your eyes), the one leg stand, finger to nose, etc. However, make sure that you are aware that under California law, there are consequences for refusing an evidentiary test — that is, a Breath or Blood test.  The consequence is that you could lose your license for one year on a first time refusal.  So, the best thing to do is to politely refuse the field sobriety tests, and request a breath or blood test at the station, which gives you more time to burn off alcohol.

3. Don’t Miss Your Court Date

Before you’re released from the custody of the police, you will be given a court date. Do not ever miss a court date, period. Not only will it void your bond agreement, you will have a warrant for your arrest. Many times, the fines are considerably higher for those that miss court dates, since there is a failure to appear criminal charge tacked on. It also does not put the judge in the best of moods. Keep your court dates to avoid adding these problems to your case.

4.  Don’t Assume you Must Plead Guilty.

There are many defenses to DUI cases, including defenses specific to breath testing or blood testing.  Make sure you go over your defenses during a free consultation with a DUI Specialist, to see if, and how, your DUI case can be dismissed, or reduced to a different charge that can end up saving thousands in points, fines and fees, and save a criminal record. After you plead guilty, it’s too late.

5. Don’t Defend Yourself

You may be considering defending yourself in court, but that is never, ever, a good idea. You’ve heard the saying, “a person who defends himself has a fool for a client!” You need an aggressive, experienced attorney who is familiar with the law, and the court where your case is in. Trying to tackle something as complex as DUI by yourself is truly unadvised.

If your case is in Orange County, you should strongly consider consulting with one of the best Orange County DUI Lawyers in the area, and get advice from a DUI Specialist Orange County, to save your license and stay out of jail.

Originally published here.