One of the most common first thoughts to go through a person’s mind after they have been charged with and convicted of a DUI is, “my life is over.” While this is a bit of hyperbole, being convicted of a DUI incurs serious repercussions that last for years, including hefty fines, increased insurance rates, and loss of license. For many, driving a car is a necessity to continue working at their jobs, and without a license to operate their vehicle, they risk losing their job and income. Facing a DUI charge in court is no easy task and it is recommended you hire a Mississippi DUI attorney to assist you, but even then, the evidence may be overwhelming and you can be convicted, but don’t lose hope. There is a second chance available to get back the privileges you once had prior to a DUI: expungement.
In order to have a DUI expunged from your record, there are six pre-requisites you must follow to even qualify.
- At the time of being pulled over for suspected DUI, the officer would have asked you to take a breathalyzer test. If at this time you refused to take the test, you would automatically be considered guilty of a DUI by means of breaking the implied consent law. By refusing the test, you are not eligible for expungement.
- If you are the holder of a commercial drivers license (CDL) at the time of being pulled over for a DUI, you are automatically ineligible for expungement. CDL holders are held to much stricter standards to ensure road safety.
- If you do not have a CDL and complied with the officer to take any and all tests, expungement may be an option if you are convicted. However, if your BAC was .16 or higher, you are ineligible as you were driving over double the legal BAC limit of .08.
- You must face, pay, and serve all consequences of your conviction. All fines must be paid, you must complete any courses, or serve any punishments, the court orders. Any outstanding payments or classes mean you will not be able to apply for an expungement, yet.
- Do not receive any other DUI charges or convictions; this clearly demonstrates that you did not learn your lesson the first time.
- The last requisite may be tricky for some, but not for others. You must prove to the court why you are deserving of an expungement. Additional sobriety classes ad meetings are a great way to show your work towards your goal.
DUIs may not ruin lives, but they can make things very difficult for the foreseeable future as we’ve discussed earlier. The best way to prevent a DUI is to not drink and drive, or if you are going to drink or found yourself drinking more than you should have: call a ride. Friends, Uber, and taxis exist to keep you and others on the road safe from drunk driving accidents. If you or a loved one have been charged with a DUI, contact a Mississippi DUI lawyer immediately to represent you. If you have a current charge and believe you may be eligible for a DUI expungement, contact us today so we can begin to go over your case.
