Laurie, Author at DUI Attorney Bakersfield

Yes, You Really Need a DUI Lawyer

written by Laurie

Impaired driving is a serious charge and the penalties can be severe, not only will you lose your license but you may also end up facing jail time on top of that. Getting arrested for DUI (driving under the influence) is a criminal charge and that means you need a lawyer to protect your rights. Yes, you really need a DUI lawyer to represent you when you go to court. A DUI conviction can affect the rest of your life, not just whether you can drive but it will also affect your ability to get a job or an apartment. Here are some more reasons why you really do need a lawyer.

Making Sure the Arrest was Done Properly

When you are arrested there are rules and procedures that the police need to adhere to. Your lawyer will go over the arrest to verify that any breath tests were lawfully administered before they arrested you. If you were not given a proper breath test or your rights were violated and it can be proven then there is a chance that your case can be thrown out of court. Here are some of the things he will look out for.

Choosing the Best Option for Your Case

Sometimes your best option when you are facing a DUI charge is to plead guilty. There may be the option to reduce the charges in exchange for a guilty plea, but the best person to evaluate the situation is your attorney. They are familiar with the prosecutor, the judges and the ramifications of your situation. Without an attorney the prosecution will encourage you to take the maximum penalty when it isn’t necessary. Which brings us to the next point.

Minimal Impact on Your Future

When it comes to a DUI conviction it isn’t just losing your driving license you need to worry about. DUI are taken seriously by the courts and you can face jail time along with some pretty hefty fines. The final cost of a DUI conviction can run in the thousands of dollars. The right attorney can help to minimize the cost, reduce the amount of jail time and damage that come with a conviction.

Defending You in Court

Lastly, if you decide to fight your DUI charges then you will need a DUI attorney to defend you in a court of law. The will zealously defend your rights and prove your innocence in court. They will review the facts presented by the prosecution and argue for the best possible outcome. Don’t think for a moment that a DUI isn’t serious or that you can defend yourself. A good lawyer specializing in DUI cases is what you need.

December 29, 2018

Our Blog

Can a DUI Conviction be Removed from Your Record?

written by Laurie

DUI cases are among the most common criminal cases in the country with roughly one percent of Americans facing conviction every year. Drunk driving is responsible for someone’s death every 52 seconds. That means in 2018 there will be around 10,000 deaths and another 300,000 injuries caused by drink driving. The higher the level of alcohol consumed the deadlier the accident tends to be. Despite all of these horrible statistics that doesn’t mean that everyone charged with a DUI is a bad person. If you are facing a DUI charge then you need to understand the seriousness of the situation and how it can impact your future. Another question that many people ask is “Can a DUI conviction be removed from your record”?

Varies by State

DUI charges and convictions are handled at the state level and each state deals with them differently. Some states are more punitive than others, for example Louisiana will expunge your record after two years while Florida will keep a DUI on record for 75 years or virtually your whole life. The state you are charged in will have the biggest impact on how long you have to wait to expunge your record.

Your Conviction Record

Another important factor in getting your record expunged is your conviction record and how many DUI charges you have had in the past. If you are facing current DUI charges previous convictions even ones that happened years ago will affect your case. Using Louisiana as an example again they will only expunge your record after two years if there are no other convictions either there or in other states.

Blood Alcohol Level

The last factor you need to be concerned about is your Blood Alcohol Level when you were charged or convicted. A blood alcohol level of higher than .08 will result in charges, that holds true in every state. For a large man over 6 feet that could mean two or three drinks, for a small framed woman barely over 120 lbs it generally means one drink.

Regardless of your height and weight the higher your BAC is more trouble you will find yourself in. In almost every state if your BAC tests over .15 you will be facing a felony conviction. Felony convictions are considerably harder to have removed from your record.

If you want to avoid the hassle of trying to have your DUI record expunged then the easiest way is to avoid drinking and driving. If you have just been charged the first thing you need to do is find yourself a good DUI lawyer to protect your rights and help you fight the charges.

December 27, 2018