Dui records pertaining to an individual’s DUI arrest are typically registered in both criminal databases and department of motor vehicle information systems. DUI records can be accessed by several different parties. Having DUI records in one’s background can affect a person’s life in many ways for years after the DUI incident.
A DUI is a criminal offense that is perpetrated by individuals who are caught driving under the influence of drugs or alcohol. This offense can be charged as a misdemeanor or as a felony depending on the specific circumstances surrounding the incident. Factors that can enhance the sentence in a DUI case can include repeat offenses, a relatively higher blood alcohol level, the involvement of children in the incident, the involvement of accidents or injuries caused as a result of the incident, or if excessive speeding was involved. These types of factors can increase the likelihood of harsher penalties and more incriminating DUI records.
When a person is convicted of a DUI the criminal legal system and the department of motor vehicles report and collect DUI records. There are other offenses relating to a DUI incident that can also be considered criminal and therefore are reported in DUI records. Refusing to submit to an alcohol test as requested by a law enforcement official is considered illegal, is punishable in a DUI case, and can be included in DUI records.
Law enforcement agencies, the legal system, and the department of motor vehicles keep DUI records. These groups are also afforded immediate access to DUI records. In the criminal system, DUI records remain on a person’s record permanently. The length of time that DUI records remain on the department of motor vehicle records varies depending on the state where you reside.
Other entities also have the right to access DUI records for years after the DUI incident. Insurance companies can access DUI records. This harms a DUI records holder because insurance premiums can be significantly increased with DUI records or an insurance company can refuse to insure you. Employers, colleges, military organizations, and professions with licensing requirements can access DUI records as well. This can make obtaining employment or other endeavors very difficult for people with DUI records.
With the help of a legal professional, there are ways to mitigate the severity of DUI records in criminal or motor vehicle systems. A qualified DUI attorney can help to reduce your sentence or, in some cases, have the charges against you dropped. A DUI attorney can also help expunge your DUI records so that they are no longer reported. Expungement is the elimination of DUI records from a person’s profile. This can only occur through a court order when a person with DUI files and is granted a Petition in Court. DUI records can not always be expunged, but with the help of a competent attorney, the chances that DUI records can be removed from a person’s record are greatly increased.