If you’re dealing with a DUI charge or have already been convicted, understanding the potential penalties and options for clearing your driving record is essential. Every state has its own terminology for impaired driving offenses—whether called DUI (Driving Under the Influence), DWI (Driving While Intoxicated), or OWI (Operating While Intoxicated).
For most drivers, the legal limit is a Blood Alcohol Concentration (BAC) of 0.08%. However, the limit is lower for commercial drivers and those under the legal drinking age, and Utah has stricter legal limits of 0.05%.
A DUI conviction brings serious consequences, including criminal, financial, and even employment-related impacts. Here, we’ll cover these repercussions and what steps you can take to move forward, including a DUI expungement.
Is a DUI Considered a Criminal Offense?
In most states, a DUI is classified as a criminal offense with penalties that begin immediately if you refuse a breath or chemical test during a stop. Refusal can result in a license suspension and potential criminal penalties, such as fines or jail time.
In court, a first DUI offense is typically a misdemeanor with penalties that may include up to a year in jail and fines exceeding $1,000. For repeat offenses, these penalties become harsher, with second DUIs often classified as aggravated misdemeanors, involving higher fines and extended jail time.
In certain cases, such as a third offense, exceptionally high BAC, or DUI involving a child passenger, a DUI can escalate to a felony. Felony DUIs can result in substantial prison time, license revocation, and higher fines. However, New Jersey and Wisconsin classify DUIs as traffic violations, with jail time only imposed in cases of injury, fatalities, or serious property damage.
Will a DUI Affect My Employment?
While an arrest alone may not impact your employment, a DUI conviction becomes part of your criminal record, which can appear on background checks. This can be particularly challenging if you work in fields requiring clean driving records, such as commercial driving or childcare. Be prepared to discuss your DUI with your current or prospective employer, especially if your role involves driving a company vehicle.
Can a DUI Be Expunged from My Record?
DUI Expungement, or clearing a DUI from your criminal record, is an option in some states but not all. Eligibility for DUI expungement depends on various factors, including the severity of the offense, whether it was a first-time DUI, and the laws in your state. Depending on your state, the number of DUIs you obtain can affect your expungement eligibility.
Generally, DUI expungement requires filing a petition and paying court fees, with some states necessitating a judge’s approval or a public hearing. Because states’ DUI laws and expungement rules vary significantly, it’s essential to understand the requirements in your state. You can review specific expungement laws by state here.
How Much Does a DUI Expungement Cost?
DUI expungement generally ranges from $100 to $600 for document processing and filing fees, in addition to any attorney fees if you decide to hire one. In states that allow DUI expungement, individuals can often file the request themselves. However, working with an experienced attorney may simplify the process and potentially improve the likelihood of getting your DUI expunged.
How to Get Back on the Road
Most states require drivers convicted of a DUI to fulfill certain conditions before regaining their driving privileges. This often involves applying for a restricted license, paying a reinstatement fee, and installing an Ignition Interlock Device (IID) in your vehicle. The IID requires drivers to pass a breath test before the vehicle will start, helping to ensure responsible driving. For drivers who’ve completed the DUI expungement process, DUI.org can assist with finding an IID provider to regain driving privileges safely and legally.
Clear Your Record and Move Forward After a DUI
Regaining control of your future starts with understanding the DUI expungement process. Whether you're looking to clear your record or meet the requirements to drive again, DUI.org is here to help. From connecting you to IID providers to offering guidance on meeting state-insurance requirements, we're your trusted partner on the road to a fresh start.
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