Expunge Your DUI Arrest

1.  What are the most common penalties for a first time DUI offender in Florida?

For a first time offender with a BAC level of .08% up to .149% will have to pay $500 to $1,000 in fines, plus court costs.  For a BAC level of .15% or greater the fine amount increases to $1,000 to $2,000, plus court costs. A jail sentence of up to 9 months for a BAC of .15% or greater. Possible probation period of up to 1-year total including time served in jail.

There is a mandatory 50 hours of community service or $10 for every hour not served for first time offenders. Your license will be suspended for 180 days if you submitted to a chemical test. Test refusal results in a 1-year license suspension. First time offenders must complete DUI School before being granted a hardship license reinstatement. Your vehicle will be impounded for 10 days.

2.  If I live in another state, what will happen to my driver’s license?

It is common for someone to wonder what will happen to their driver’s license if they get arrested for a DUI in Florida, but live in another state. Being arrested for a DUI offense in Florida is a very serious offense and is going to have an effect on your driver’s license in your home state. The license suspension you would have been facing if you were a Florida resident will follow you to your home state. The suspension period you will face in your home state could actually be longer than the Florida suspension depending on your state’s laws. That is why it is very important to contact a DUI lawyer who is experienced in your state’s DUI laws.

3.  What will happen if I get arrest for a second offense DUI in Florida?

The fine amount for a BAC of .149% or less will be up to $2,000 or up to $4,000 for a BAC level of .15% or greater. Up to 9 months in jail for a BAC of .149% or less with a minimum jail sentence of 48 hours. Up to 12 months in jail for a BAC level of .15% or greater, or having a minor in the vehicle at the time. If the second offense occurs within 5 years of a previous offense there is a mandatory 10 day jail sentence.

A driver’s license suspension of 180 days up to 1-year as long as the second offense did not occur within 5 years of a previous offense. If the second offense occurred within 5-years of a previous offense your license will be revoked for at least 5-years. You may be eligible for a hardship license after 1-year of the revocation has lapsed.

4.  What happens if someone was killed because of my driving under the influence?

If your Florida DUI results in the death of another person you will be facing either a DUI Manslaughter charge or a Vehicular Homicide charge, which are both Second Degree Felony charges. The penalties for either charge include a fine of up to $10,000 and up to 15 years in prison.

5. What happens if an 18 year old is arrested for DUI in Florida?

In the state of Florida it is against the law for anyone under the age of 21 to operate a motor vehicle with a blood alcohol level of .02% or greater. Someone under 21 will face a 6 month driver’s license suspension for having a BAC level of .02% or greater. If the minor has a BAC level of .08% or greater they will be facing the same charges and penalties as someone over the age of 21 would face for the same crime.

6.  Is it possible to represent myself in a DUI case in Florida?

You may represent yourself in your DUI case, but it is not advised. Florida DUI laws are very complex and it takes many years of experience to be successful. Arguing a DUI case in court requires a lot of knowledge and skill that a person is just not going to acquire by reading a few articles.

7. What will happen to my insurance rates if I get a Florida DUI?

Once your insurance company finds out about the DUI, one of two things will happen. They are either going to raise your rates extremely high or they will cancel your policy all together because of the DUI. The Florida DMV is going to require you file what is known as an SR-22 form with them before they will issue you a hardship license or before reinstating your license following your suspension period. You will also be required to maintain your SR-22 filing with the DMV for a period of 3-years.

8. How do I get my suspended license back for getting a DUI in Florida?

First time offenders will be able to obtain a hardship license after the first 30 days of their suspension period has lapsed. The hardship license will allow you to drive to and from work or school during certain specified hours during the week. First time offenders whose BAC level was .15% or greater will also be required to install an ignition interlock device in their vehicle before being issued a hardship license.

9. Will a DUI affect my ability to find employment?

A DUI conviction in Florida cannot be expunged from a person’s criminal record. It will remain on the record for life. If a potential employer performs background checks on future employees, they will see the DUI conviction.

10. Can I drive while my license is suspended?

The only way you may legally drive while your license is suspended is if the Florida DMV grants you a hardship license. Getting caught driving while your license is suspended without having a hardship license will lead to a longer suspension period and additional jail time.

Originally published here.

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Scott Kepner

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The possibility of being arrested for drunk driving is something people don’t give much thought to when they go out to have a few drinks.  Many people have a couple drinks and next thing you know they’re being pulled over for driving under the influence.  Unfortunately, most people who are arrested for drunk driving don’t take it seriously enough.

What people don’t realize is that alcohol affects them considerably.  Yes, even one or two drinks can mess with your ability to concentrate on the road.  The consequences of what may seem like a harmless couple of drinks could be devastating at worst. 

If you’ve been arrested for drunk driving, don’t make the mistake of viewing your arrest as a minor offense.  In fact, a DUI is a traffic violation that should be taken seriously.  The one thing you don’t want to do is to try and defend your DUI case on your own.  There are many factors involved in a DUI case that only an experienced lawyer is knowledgeable about including updated laws and procedures.  Besides, an experienced lawyer is highly resourceful and knows that aspects of your case would require further investigation. 

If you are charged and convicted for drunk driving, you’re looking at the possibility of a jail sentence, high fines and penalties, driver’s license suspension or revocation, mandatory DUI classes or rehabilitation, and insurance cancellation or increase.  If you hire a DUI defense lawyer to help you with your case, he/she can help you save your license and even get your sentence reduced.

Originally published here.

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Maria Palma

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You don’t have to be stuck with a criminal conviction on your record.  Your Washington State criminal conviction can be expunged if you meet the criteria.  And after your conviction is expunged, Washington State law permits you to state you have not been convicted for employment purposes.

 

Expungement is an often misunderstood term and process.  In Washington State expungement of a criminal record or criminal conviction is accomplished by Vacating the Criminal Conviction.  The terms Expungement and Vacating are largely interchangeable, the difference being that Vacating is the legal term.

 

Expungement of a criminal record by vacating the conviction does not destroy or seal the file.  However, it is possible to destroy, or expunge, an arrest record if the eligibility requirements are met.  When an arrest record is expunged, the booking photos and fingerprints are destroyed and removed from the police record.

 

In Washington State, the expungement process differs between felony and misdemeanor convictions.  The following 7 steps are an overview of what is involved.

 

1.  The Required Time Period has Passed Since the Case Completed.

The first eligibility requirement to expunge your conviction in Washington State is passage of the required time period.  For a misdemeanor, the time period begins to run on the date the case is Closed.  For a felony conviction, the time period begins to run on the date a document called a Certificate of Discharge is filed with the court.  In both instances, a case is Closed or a Certificate of Discharge is filed after all the sentence conditions are completed as required.

 

2.  The Conviction is Eligible for Expungement.

Certain convictions, and classifications of convictions, are not eligible for Expungement in Washington State.  Generally, class A felonies (the most serious), sex crimes, and violent crimes cannot be expunged in Washington State.  Among misdemeanors, Washington State does not permit a DUI conviction to be expunged.

 

3.  You Meet the Clean Behavior Requirement.

Two situations will make your conviction ineligible for expungement.  For a misdemeanor, if you were convicted of another crime on a later date then you would not be eligible to have the misdemeanor expunged.  For example, if you were convicted of a misdemeanor in 1995, and another crime in 1997, then the 1995 crime would not be eligible to be expunged.  For a felony, if you were convicted of another crime after the date the Certificate of Discharge was filed then you cannot expunge the felony.

 

4.  Special Rule for Misdemeanors.

Washington State has an interesting rule that applies only to misdemeanor convictions.  To expunge a misdemeanor, you cannot have had any other conviction expunged (vacated).  What this means is if a person has a felony conviction and a misdemeanor conviction, and the person expunged the felony conviction first, then the misdemeanor could no longer be expunged.  However, if the misdemeanor was expunged first, and if the misdemeanor conviction occurred before the felony conviction, then the felony could still be expunged.

 

5.  Preparation.

An expungement, or vacation of a criminal conviction, requires a judge to sign a court Order.  The court process is begun by filing a Motion to Vacate Conviction with the court.  Prior to filing the Motion, you should get copies of the Docket and the Judgment & Sentence from the court clerk.  You should also obtain a criminal history report, called a WATCH Report, from the Washington State Patrol website.

 

6.  Your Day In Court.

Most Washington State courts require a hearing to Expunge, or Vacate, a criminal conviction.  Most courts do not require you to attend if you have a lawyer appearing at the hearing on your behalf.  If the preparation has been done properly, then the hearing should go very smoothly and the judge will sign the Court Order Vacating your criminal conviction.

 

7.  Your Criminal Record is Cleared.

The court clerk processes the Order and sends a certified copy to the Washington State Patrol, which removes the conviction from the public database.  The FBI record is updated based on the Washington State record.  And, if the Order was prepared correctly, a copy will also be sent to the police department that handled the case and your record will also be cleared in their file.  Your conviction has now been expunged (vacated), and your criminal record is cleared.

 

As you can see, you don’t have to be stuck with a criminal conviction on your record.  It is not difficult to expunge a conviction in Washington State if you meet the straightforward criteria.  In most cases, these 7 steps take only a few weeks to complete.

 

Copyright (c)2008 Douglas Stratemeyer.  All Rights reserved.

Originally published here.

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Douglas Stratemeyer

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