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Do all states allow you to remove a criminal DUI from your record?
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Do all states allow you to remove a criminal DUI from your record?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
A DUI is generally understood to be a criminal charge one can receive for driving under the intoxication of alcohol or drugs. When you are arrested for driving with more that the legal limit of alcohol in your system and charged with a DUI the officer should inform you of your rights considering that this is a criminal offense. Federal law considers you to be intoxicated, and therefore open to a DUI, when you are driving with a blood alcohol level of .08% or higher. You are therefore impaired. This generally includes impairment which involves a combination of alcohol and drugs, or drugs only. In any case, following a DUI conviction, you can look forward to paying a fine, spending time in jail, or both.
If you want to remove a criminal DUI from your record, also known as a DUI expungement, it will depend a great deal on the state in which you live or were convicted. DUI's cannot be expunged or removed from just anyone's record. For example there is no opportunity for a DUI expungement in the states of Michigan or Washington; it remains on your record for life in these states. There are only a few states which allow expungement of a DUI from a criminal record: California being one.
Even where it is allowed, having the criminal DUI removed from your record is a very challenging process. It may require you petitioning the governor of your state. It will involve traveling to the Department of Motor Vehicles and completing an application as well as paying a fee to receive a copy of your driving record. You will then need to employ an attorney who specialized in DUI convictions. He will be able to review your case and identify the factual information that led to the conviction. He will use that information to determine if there is any likelihood of your having the DUI charge removed from your record. Remember, even though your state may allow for DUI convictions to be removed, it doesn't necessarily follow that all those convicted of a DUI will be given access to this privilege. This means that the outcome of your application to have this charge removed varies from case to case. However, it is generally understood that if the DUI is your first conviction and your alcohol level was close to the limit, and you have no other convictions, you stand a much better chance of having your DUI expunged from your record than those who don't meet these same qualifications.
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