The consequences of a DUI conviction are often misunderstood. The court penalties vary from state to state but generally include one or more of: driver’s license suspension, fines, enrollment in an educational course, and community service. Beyond these initial penalties, however, a DUI also goes on your publicly accessible records. If you have recently been charged with a DUI, you may want to talk to a DUI defense lawyer about your defense options to avoid a recorded conviction.

Record of Your DUI

There are many misconceptions surrounding where your DUI is recorded and how long it stays on record. Here is some basic information about DUI charges and your record to help you sort fact from fiction:

• A DUI appears on your driving record with the DMV.
• A DUI is a crime and therefore appears on your criminal record.
• Criminal and driving records are public and can be accessed by others, including potential employers and schools.
• A DUI charge does not disappear after a certain number of years. It stays on your criminal and driving records indefinitely, unless you have it expunged.
• Insurance companies will likely raise your insurance rates or drop your coverage if you have a DUI on your driving record.

Consulting with a Lawyer 

A DUI charge can negatively affect you long after you have been convicted and completed your court sentence. If you have been arrested for a DUI, you should know that it is not guaranteed that you will be convicted. A DUI defense lawyer can defend you against DUI charges in a court of law by looking for weaknesses in the evidence against you and aggressively fighting against overzealous prosecution.

For More Information

For more information on DUI charges and preparing your defense, please visit the website of experienced Rhode Island DUI defense attorney James Powderly here.

DUI is the abbreviation for Driving under the Influence of either alcohol or other drugs. In most of the countries, DUI is considered to be a criminal offense. It has been estimated that in United States, almost 44% of the fatal traffic deaths occur due to DUI. The most important thing to be noted here, is the legal percentage of the amount of alcohol found in the blood stream of the offender in order to make them guilty of the charge. This limit is different for different states i.e. Colorado has an alcohol limit of 0.10% as against the standard limit of 0.08% for US congress national.

If found guilty of DUI charge, then the penalty can be paying fines, attending alcoholics meetings or special classes, suspension of driving license, affects on vehicle insurance premium and employment opportunities, prison sentences, etc., depending upon the severity of the charge or accident occurred while drunken driving.

The records, which are maintained for the purpose of DUI charges, are known as DUI records. Generally, in any background search, the DUI records are located in misdemeanor records. These records are very useful and important whether it is for background checking of an employee or for a personal reference. They have an impact on the employers for various causes. Firstly, a DUI record of a person indicates that the person has a substance abuse, which might not be known in typical drug tests. Secondly, any kind of DUI charges on a person means that the person would not be eligible for the posts of driving of motor vehicles, not only because it leads to driving license suspension, but also for the reason that the DUI charge would need the person to apply for S-22 insurance, even though the suspension of license is finished.

The other personal reasons to know about the DUI charges against your closed people are understood and obvious. Some of the few reasons why a person should know about other’s DUI status are – they might have to travel along with that person, leave their children with that person for going to school and basically no one wants to get into trouble with drunken driving case. It also specifies that the person whom you are roaming around with has drinking problem and you might not be aware of it. Mostly, many people think they know about the people they talk or are close to, but it can prove to be otherwise. You should be more careful about DUI charges on doctors, teachers, bus drivers, etc of your children and yourself. Therefore, finding about the DUI records and the people who are charged with DUI is necessary.

DUI records comprise of the information of the person’s arrest due to driving under influence. You are provided a second chance to expunge your DUI records if you are arrested and a case has been filed on your name. This facility might not be available for all the states, but if not for clearing off the records, you can at least reduce the charges. Many of them do not even know about clearing their DUI records or preventing it from viewing up on the background checks. The DUI records can be expunged in 2 ways – by using an attorney and by yourself.

If you choose an attorney who is specialized in managing DUI cases, he/she can permanently clear your DUI records. They must be certified breathe test operator and instructor of SFST (Standardized Field Sobriety Test). You can clear your DUI records yourself by just filling out forms which would be forwarded to public office managing you case. These methods can help you get your driving license and save your money on your auto insurance.

Finding a lawyer for your DUI can be the most integral part of accomplishing the goals in your case. There is a lot of information out there, and sifting through it to find the right DUI attorney is a daunting task. Here are some helpful tips to help you find a DUI lawyer that’s right for you.

Be Sure the Lawyer Specializes in OWI / DWI/ DUI Law

This may seem like a simple step, but it’s actually quite important, and not as easy as you might think. A lawyer who says “I handle DUI’s” may not have the level of knowledge you really want. Ask what percentage of a lawyer’s case load is DUI’s. How long have they been practicing DUI law? Do they regularly attend seminars to keep up to date on ever-changing drunk driving laws? Are they up to date on all current DUI state laws? Don’t be afraid to ask specific questions about your case and how it will impact you. If the attorney is unwilling to give you specific answers about how the OWI will affect you, they likely do not practice enough drunk driving defense.

Be Sure the DUI Attorney Practices in Your Area

As a practicing Wisconsin DUI attorney well versed in Wisconsin DUI law, I’ve seen firsthand how knowing the players on the field can be just as important as knowing the rules of the game. Knowing the particular judges, and how they run their courtroom, while it won’t change the law, can increase your chances for a positive outcome. Knowing the prosecutors, on the other hand, is an invaluable resource. Check to see if the DUI attorney you are considering knows the prosecutor’s names, and if he has worked with them in the past. If not, ask what the attorney plans on doing to learn about them before stepping foot in the Courtroom.

From time to time, I get retained on cases outside my general geographic region in Northeast Wisconsin. Knowing that I am a very experienced Wisconsin DUI attorney and very familiar with Wisconsin DUI laws, we’ve had clients get in trouble out-of-town but want a lawyer from their area to work with, or clients from all areas of Wisconsin that are aware of our reputation as a Wisconsin DUI attorney and are willing to pay to have excellent, aggressive representation. Some clients are concerned of the ‘ol boys network’ and want a specific DUI attorney from outside their geographic area.

Bottom line: if your DUI lawyer is not familiar with your judge and your prosecutor, make sure he or she has a plan to get information about them before they ever step foot in that courtroom.

Beware, sometimes a prosecutor knowing your attorney can be a negative. If your attorney does not challenge OWI’s or DUI’s aggressively, the prosecutor will know that fact and may be less willing to give your attorney the best deal possible. If the attorney has a reputation for taking a plea deal and not going to trial, it is unlikely the prosecutor will give an offer that contemplates the case going to trial.

Be Sure the Lawyer is Current on DUI Law

DUI law is the most dynamic and complex area of litigation in the criminal law. In Wisconsin, Wisconsin DUI laws change frequently. The legislature makes changes to OWI/DUI laws nearly every year, and in some instances, the law, as interpreted by the Court can change the landscape in a matter of a day. Be sure your DUI lawyer stays up to date on these issues. They involve a significant amount of scientific and physiological evidence. Do they know the terms “retrograde extrapolation”, “Hinz chart”, “gas chromatograph” or “Horizontal Gaze Nystagmus”? If they don’t, they do not have enough experience with defending OWI’s

Ask about professional memberships such as the Wisconsin Association of Criminal Defense Lawyers, or the National Association of Criminal Defense Lawyers. Ask if they keep their training current by attending Continuing Legal Education seminars on DUI / OWI. When did they last attend? Ask if they are members of any DUI/OWI listservs to keep them appraised of quick changes in the law. You want a well-informed DUI lawyer.

Trial Experience

Does the attorney have any experience taking drunk driving cases to trial? How many times? What were the outcomes? Remember, no two cases are the same, so even if they have taken cases to trial and have won, that does not guarantee your case will win at trial too. But, if your OWI/DUI attorney has never taken a case to trial, do you really think the prosecutor is going to give you their best deal? I seriously doubt it. Your OWI/DUI attorney should have trial experience with OWI and DUI cases.

Discuss Fees

Have an honest discussion about the fees your attorney charges. Do they offer flat fee arrangements or do they bill an hourly fee? Can you choose the fee arrangement? What other costs (postage, copy costs, telephone charges, etc) do they charge.

NEVER choose an attorney based solely on their cost. You don’t choose the cheapest doctor, do you? While price is likely a consideration, do not make it the determining factor. If you lose your job, spend an extra thirty days in jail or lose your ability to drive for more than a year, have you really saved any money by choosing the cheapest attorney?

Has the DUI Lawyer ever been reprimanded, suspended, or dis-barred?

Unfortunately, there are those in the legal profession who have had difficulty following the rules of professional conduct. Ask the DUI attorney you are considering retaining if he or she has ever been disciplined by the ethics board governing their state’s attorneys. For example, In Wisconsin, you can contact the legal ethics board that governs Wisconsin attorneys. Don’t be afraid to Google the attorney’s name or law firm to see if there is any negative information about their background or positive or negative comments from previous clients.

Get a Referral

If you know someone who has had an OWI in their past, ask them about any positive or negative experiences they have had with the DUI attorney you are considering. In many cases, attorneys can provide you with names of past clients who are willing to share information about their experiences. I have never had a client tell me they weren’t willing to talk to a prospective client about their experiences should I ever need a referral.

Be Sure You are Comfortable with the DUI Lawyer

Regardless of how much or how little you pay your Drunk Driving attorney, unless you are comfortable with them and believe they will fight for what it is you want and need, you will not be happy with the results. Most DUI attorneys offer a free consultation in their office. Go meet them. Meet their office staff. Decide if these are people you like and feel good about. Will you be able to communicate with them? Will they get back to you when you have questions, or will you be lost in a sea of voicemails? Ask lots of questions, and use the opportunity to really interview them. Unless you find an attorney’s office that you believe cares and is skilled and capable of doing what you need on your case, you will not be satisfied with the results. Take full advantage of asking questions, and finding the RIGHT DUI lawyer for you.