It is very important that if your driver’s license is suspended or revoked as a result of a DUI that you do not drive while suspended or revoked as you might receive additional charges and those could adversely affect your ongoing criminal DUI matter and your administrative law matter with the DMV over your driver’s license. You may be able to try to get your driver’s license back soon after the DUI arrest. Other times you may have to wait until the legal process has run its course or a certain period of time has lapsed.
Some states allow for provisional, conditional, hardship or temporary licenses. This varies greatly by state, judge and DMV. It will depend on many different circumstances and is often granted only with participation in an alcohol education program or by showing a serious family hardship. You will have to show proof of automobile liability insurance. Once again, because of the many variables and the fact that each circumstance is different you must talk to your DUI attorney about when to try to get your license back.
How will Getting a DUI Affect my Job or Car Insurance?
Many employers run background checks on prospective employees. Even a first time DUI will show up on these reports because it is part of your criminal history. Because a DUI conviction might affect the employer’s insurance rates or they might consider you a safety risk there is a chance that you might not be hired for some jobs. A DUI conviction might also affect your professional licensing depending on the state and the type of profession or license you have or are trying to obtain. Some states even require that you self-report the conviction or arrest to the licensing agency.
Automobile insurance companies will also consider you a higher risk once you have a DUI on your record. Insurance companies manage their perceived higher risk by raising the premiums you will have to pay or by cancelling your coverage all together. If you were in a car accident when you got your DUI and the DUI charge is raised to a felony there is a chance that the insurance company may try to avoid covering you for the accident because some insurance policies have exclusions for coverage for losses that are related to the commission of a felony.
How Long will a DUI conviction Stay on my Record?
Criminal convictions stay on a person’s record indefinitely unless they are expunged or sealed by the court or unless a state statute provides for expunction after a certain amount of time. The record of your DUI conviction is usually available to anyone who asks for it. Expungement or expunction proceedings can remove or seal a record but usually requires a separate legal proceeding and a judge’s order. Some states allow for non-disclosure proceedings which allows you to obtain an order that a government agency may not give out the information of your DUI conviction.
These types of proceedings will usually keep your DUI conviction from being disclosed to employers, landlords or credit bureaus. Some states do not allow these types of proceedings in DUI matters. You need to remember that there are two sets of records about your DUI. The criminal records in the court as well as the driver’s license suspension records at the DMV. If you seal or expunge only one of those the other might still be available to the public. Also, your fingerprint records are always sent to the FBI data base. A state judge does not have authority over a federal agency like the FBI so even if your records are sealed or expunged, your fingerprints will remain in the FBI data base. You should consult with your DUI attorney to see what types of non-disclosure proceedings are available in your state.
What if my DUI Conviction was in another State?
An out of state DUI conviction can have several effects on you. If you have a prior DUI from a different state and are facing another DUI in your state of residence the question becomes whether the prior out of state conviction can be used to enhance your penalties in the second DUI?
The problem is that each state has its own definition of what constitutes a DUI and they are not the same. There needs to be some similarity with the prior states definitions and the current states laws before the out of state conviction is allowed to be used against you in the subsequent criminal matter. However, in an administrative driver’s license suspension proceeding at the DMV the similarity requirement is much less stringent.
Some states have entered into agreements with other states to recognize the other state’s convictions if theirs are also recognized. Some states have also enacted laws describing when another state’s conviction can be used and what they can be used for. These laws usually require a “substantial similarity” between the offenses in the two states. These laws try to establish what degree of similarity is required to allow the use of the other state’s conviction. If the charges are substantially different it may be possible to keep the out of state conviction from being used.
If you get a DUI in a state other than the one in which you presently live or in which your driver’s license is issued from, the out of state DUI will always notify your home state and you will not only have to deal with the criminal matter in the other state, but will also have to deal with your home state regarding the administrative driver’s license suspension or revocation. Almost all states report your conviction in their state to your home state DMV because they have joined the Interstate Driver’s License Compact.
All of these out of state issues can be very complicated. You will need to consult with your DUI defense attorney when you have these issues.
What other Consequences can there be from a DUI?
A DUI conviction can also affect your immigration status and might even keep you from traveling to another country. Foreign countries have the right to establish rules about who can come into their country. Some countries, like Canada have established rules that someone with a misdemeanor on their record are not allowed into their country.
The United States has its own immigration laws that deal with things like DUI convictions. If you are in the process of dealing with your immigration status when you get a DUI it can affect your status and might even lead to deportation.
As you can see, a DUI is a very serious criminal charge. There are many different variables in each DUI case. Each state’s laws are a little different. Even though there are sentencing guidelines that a court must follow, an attorney can help you to get the best possible outcome on your penalties. It is very important that you get help from an experienced DUI defense lawyer to help you through this process. If we can help you with a free initial consultation, please give us a call at (720) 457-4959. www.familylawattorneyindenver.com
