Archive for April, 2011

Minor DUI Consequences

The consequences of being convicted for driving under the influence of drugs or alcohol are in no way diminished if you are not old enough to be drinking in the first place. Leniency is much more difficult to come by, especially if aggravating factors are involved in your case, so it is even more critical to protect your rights and your future by retaining an attorney who is experienced in dealing with DUIs in your state.

Most states have adopted a Zero Tolerance Policy for those under the age of 21, which means that if your blood alcohol concentration, BAC, is higher than 0.0%, you could be arrested and convicted of DUI. However, in Maine, in order to be convicted of DUI while under the age of 21, you must be impaired or have a BAC of .08% or higher.  Here are just some of the potential consequences that you could be facing for a DUI as a minor, in no particular order:

Jail

Yes, jail time is a potential outcome if you are convicted of a DUI even as a minor, depending on several other factors.  In Maine, DUI is not a juvenile offense. Being underage is considered an aggravating factor in a DUI case, so you could see increased likelihood for jail or other consequences.

Monetary Fines

You may be responsible for thousands of dollars in monetary fines, very similar to having to pay a ticket for speeding if you are convicted of DUI. The amount depends on the state and other circumstances, but could total several thousand dollars that must be paid before your driving privileges can be restored. When serious bodily injury or property damage and/or fatalities occur, you could also face criminal restitution charges to the victim(s) or their families as well.

Loss of Driving Privileges

A DUI conviction almost always leads to loss of driving privileges, but the length of time depends on the case. If you are underage, that time could last a long time, depending on the state, judge, and circumstances. The younger you are, and the more serious the aggravating factors, the longer you will likely be without driving privileges.

Mandatory Rehab and Counseling

Minors convicted of DUI will likely face court-ordered rehabilitation or alcohol/drug counseling before the record is wiped clean. However, in Maine, because DUI is not a juvenile offense, if convicted, you have a criminal record and there is no expungement process.  This could be in the form of alcohol education classes, hospital rehabilitation or modern rehab facility, psychiatric counseling, and more, depending on several factors. You will be required to completely finish all courses or classes, including presenting a certificate of completion to the judge before your record is expunged, depending on the case and availability of expungement for minors.

This information is provided solely for informational purposes and does not constitute legal advice.

Originally published here.


William Bly

Will a DUI Ever Come off My Record?

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.

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.


page lynx

Expunge your Criminal Records in Arizona – Expungement in Arizona

For more information please visit www.RecordGone.com Expungement Attorney Melissa Clark talks about the benefits of expungement.This video will briefly go over Expungement and Record and Sealing in Arizona State by providing viewers information on how to have their criminal record removed in a fast and safe manner.