The legal implications of a DUI (Driving Under the Influence) charge are often misunderstood. It’s crucial to differentiate between a DUI being a mere traffic violation or a criminal offense, as the consequences vary significantly. Read on to learn more and contact Simmons Wagner, LLP at (949) 439-5857 if you are facing DUI charges and require a free legal consultation from an attorney.
DUI: Beyond a Simple Traffic Violation
In most jurisdictions, DUI, DWI (Driving While Intoxicated), or DWAI (Driving While Ability Impaired) are considered criminal offenses. Generally, a DUI is charged as a misdemeanor, potentially leading to jail time of up to six months or a year. In contrast, standard traffic violations, such as speeding or running a red light, are typically categorized as infractions, punishable by a fine rather than jail time. However, DUI holds a unique position as it involves operating a motor vehicle and shares some consequences with traffic violations, like points on your driving record or possible license suspension.
When DUI Escalates to a Felony
Under certain conditions, a DUI charge can escalate to a felony. This elevation usually occurs if there are prior DUI convictions, if the DUI incident resulted in physical injury to another person, or in cases of vehicular manslaughter, where someone’s death is caused due to driving under the influence.
The Impact of a DUI on Your Criminal Record
A DUI conviction results in a criminal record, which is a comprehensive account of your criminal history. This record can include traffic violations in some areas and is often accessible through employer background checks. A DUI conviction typically remains on your criminal record for life, significantly impacting future employment, credit, and housing opportunities.
Expungement: A Path to Clearing Your Record
Expungement offers a legal avenue to eliminate your criminal record, effectively sealing or destroying your criminal history. This process can be crucial for those convicted of DUI, as it may allow you to omit the conviction on job applications or interviews. Different states offer varying procedures for expungement or record sealing.
Legal Representation in DUI Cases
If arrested for DUI, it’s advisable to seek legal counsel from a defense or DUI attorney. Experienced legal representation can assist in various ways, from helping secure release from jail to negotiating plea deals or contesting the charge with a solid legal defense. Furthermore, an attorney can aid in pursuing expungement or record sealing if found guilty of DUI.
In conclusion, understanding the legal distinction between a DUI as a traffic infraction and a criminal offense is crucial. The implications of a DUI charge are far-reaching, and navigating the legal system effectively, especially with professional legal assistance, can have a significant impact on the outcome of your case. Contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.