Expunge My DUI Conviction

DUI arrests are on the rise, and the state of Florida is no exception. Every day, ordinary law abiding citizens have their lives ruined because they had a few drinks before driving home at night.

Florida State DUI Laws

If you have a blood alcohol level (BAC) of .08 or more, you can be arrested for a DUI. Police can test your BAC with urine, blood, or breath tests. It is also important to remember if you are under the influence of drugs, you can receive a DUI as well.

First Offense

Florida imposes the following penalties for first time offenders:

· 1st degree misdemeanor for violations that cause property damage

· 3rd degree felony for violations causing serious bodily injury

· Manslaughter charges when an individual is killed

· Maximum jail time of 6 months; 9 months with a BAC over 2.0

· $250-$500 fine; $500-$1,000 if BAC is over 2.0

· Suspended license for 6 months to a year

· Vehicle impounded for 10 days

· Completion of 12 hours of DUI school

· Up to 1 year of probation

· 50 hours of community service; you will be fined $10 for every hour of service you fail to complete

Second Offense

All felony and misdemeanor charges remain the same. However, the other penalties are a bit steeper:

· Mandatory 10 days-9 months in jail; 12 months if both convictions occur in a 5 year period

· $500-$1,000 fines; $1,000-$2,000 if BAC is over 2.0

· Suspended license for 6 months to a year; minimum 5 year suspension if both convictions occur in a 5 year period

· Vehicle impounded for 30 days if both offenses are within 5 years of each other

· Completion of 21 hours of DUI school

· 1 year of probation

Insurance Consequences

Your insurance company will respond to your DUI conviction in one of two ways. They will either raise your rates or cancel your policy. Generally, the rate increase will be substantial. If your policy is canceled, you will need to find another insurance company that is willing to cover you as a “high-risk driver.” Again, your premiums will be high.

In order to have your license reinstated, you will need to provide the DMV with an SR-22 form stating that you have valid insurance. Some insurance companies do not offer SR-22 policies, and as a result they may be forced to cancel your policy.

The Consequences are Severe

Many people who have never gotten in trouble with the law have seen their lives ruined by a DUI offense. If you work in education, medicine, government, or childcare, you may have trouble finding future employment, and your current job may be jeopardized.

I have personally experienced this first-hand. I received a DUI in 2000 when I was 23 years old. Later on, I got my Master’s Degree in education and applied for middle and high school teaching positions in my area. I had a job offer revoked once the district’s HR department learned of my DUI conviction.

Unfortunately, DUIs remain on your record for the rest of your life. If you make a stupid mistake at a young age, you might have to pay the consequences for decades. Therefore, you must consult an experienced DUI attorney in order to minimize the damage caused by your mistake.

Originally published here.

In Rhode Island, DUI, driving under the influence, is known as an OUI, operating under the influence of alcohol or drugs. Rhode Island employs many methods to catch drunk drivers, including blanket patrols, mobile videotape, and the publication of enforcement campaigns. Rhode Island has some unusual, and strict, dui laws, probably in response to the state’s poor drinking and driving statistics.

In 2006 (the most recent year for which statistics are available), 46% of the total number of Rhode Island’s traffic fatalities were alcohol related. Also, the State has one of the highest rates of people who refuse to take a chemical test to determine blood alcohol concentration (BAC) levels. Therefore, such a refusal now carries its own criminal penalties, including community service, OUI education classes, and fines, as well as other sanctions. In addition, administrative penalties include driver’s license suspension. The State does not allow hardship, restricted, or work licenses. Therefore, if your driver’s license is suspended or revoked, you will not be able to drive in Rhode Island – period.

A DUI in Rhode Island brings some serious penalties, which increase to correspond to high BAC levels. Even your first offense can bring up to one year in jail, and/or between 10 to 60 hours spent in community service. If your BAC was up to .08, the fine ranges between $100 and $300; if your BAC was up to .15, the fine ranges from $100 to $400; and if your BAC was above .15, the fine will be $500. No matter your BAC score, there will additionally be a highway assessment of $500. You are also required to attend a special course on drinking and driving. Administratively, your license will be suspended  from 30 to 180 days for a BAC score up to .08, from three months to 12 months for a BAC score up to .15, and from three months to 18 months for a BAC score above .15.

Rhode Island only has a five-year look-back period. This is the period of time that a Rhode Island DUI remains on your record. If you have a second dui arrest within five years of the first, you have a “prior,” and the judge will increase the dui penalties. Five years after a misdemeanor dui arrest, you can hire an experienced dui attorney to guide you in having the arrest expunged from your record. If your DUI was a felony, the record can only be expunged after ten years. However, your record must be clean of any other arrests, and you must maintain a clean moral character. And since Rhode Island participates in the Interstate Driver’s License Compact Agreement, any OUI or dui convictions from another state may also be counted as a prior conviction.

Originally published here.

www.ithacadwi.com Unfortunately under New York State law any criminal conviction will stay on your permanent record forever. New York State does not have an expungement statute. Many first time offenders just made a bad decision and judgement call. Depending upon the facts and circumstances of the charges, for first timers (to the Court system) these types of charges can be potentially negotiated to a non-criminal disposition or a dismissal. To learn more about how DWI cases work in the state of New York, I encourage you to explore my educational website www.ithacadwi.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 607-229-5184 or by e-mail at newman.lawrence@gmail.com. I welcome your call. Criminal Defense Attorney Larry Newman