There are many ways by which a driving under the influence
(DUI) conviction can affect your life. The first conviction may result in
license suspension, court supervised probation, mandatory attendance in alcohol
treatment program, and payment of court fines. The most important thing to note
about a conviction however is not the penalties that may be meted out to the
offender but the impact the conviction has on the life after all sentencing
requirements have been complied with. The offender will carry a “criminal
record”.
A DUI conviction, which is a misdemeanor offense, will
become permanent on an individual’s criminal record. The only way it could be
removed from the individual’s record is to petition the court to have the
conviction expunged. If the court allows the petition and the conviction is
expunged, then the conviction will not longer appear in a record check.
There are states that do not allow expunction, but will
allow a record to be sealed. A sealing of criminal record has the same result
as an expunction. However, certain agencies of the government could still see
the conviction. The procedure for sealing a criminal record, like expunction,
requires petitioning the court for such relief.
Now let’s discuss how a criminal record with DUI arrest can
affect an individual’s life. One important aspect of life that could be
affected is employment. An employer usually does a routine criminal background check
before hiring an individual. A criminal record will show up, unless it has been
expunged or sealed. The employer has the right to decline employment based on a
criminal record.
Another aspect that could be affected is renting an
apartment. Many states allow landlords to conduct a criminal background check
before they rent. Landlords usually turn down individuals with criminal records
in rending apartments due to security reasons. There are many states that allow
car insurance premiums if a person has had a DUI arrest before.
Travel and residency rights are also adversely affected by
DUI conviction. Certain countries, like Canada, will not allow cross border if
an individual has a misdemeanor conviction. There are misdemeanor acts that
could trigger deportation for a non-citizen too.
It is important to talk to a criminal defense lawyer if you
face any DUI charge. A lawyer can protect your rights and ensure that your
freedom is not compromised. Retaining the services of a lawyer is very
important in expunging or sealing a DUI criminal record.