Can a DUI Be Expunged?
Can a DUI Be Expunged?
Can A DUI Be Expunged?Usually yes, but it depends. A DUI can usually be expunged. Each situation is different so you should call an expungement lawyer for more information. The State of Utah prohibits drinking and driving. If you drink and drive, you may be arrested, fined, and/or sentenced to jail time. The following is for general informational purposes only and you should consider hiring a lawyer to represent you in court.In Utah, there are several types of drinking and driving offenses. Utah has some of the lowest tolerances for drinking and driving.The first, and most severe offense, is called driving while under the influence (commonly called DUI). A person who has a blood alcohol concentration (BAC) of .05 or greater is assumed to be under the influence of alcohol. Utah law calls a BAC of .05 or above “under the influence per se.”The second is called driving while impaired (commonly called DWI but not in Utah). A person who has a blood alcohol concentration of .05 is assumed to be impaired by alcohol.It is also crime to drive while impaired by drugs (even legal drugs), drugs and alcohol, or controlled dangerous substances like marijuana. Driving with any combination of drugs and/or alcohol that prevent you from driving safely is illegal.A person under the age of 21 who drives with any alcohol in their system is breaking the law. If that person is caught, they will be arrested and charged with a DUI.<img src="https://jeremyeveland.com/wp-content/uploads/2024/02/Can-A-DUI-Be-Expunged.jpg" alt="Jeremy Eveland Lawyer" height="848" width="610">Traffic StopWhen a police officer suspects that a person is driving, or attempting to drive, while impaired or under the influence of alcohol, the officer will ask to test the driver’s blood alcohol concentration. If the driver takes the test and the result is a BAC of .08 or above (or if the driver refuses to take the test), the officer will confiscate the person’s driver license, and the State of Utah will suspend the person’s drive license. The suspension begins immediately.License suspensions range from 180 days to 2 years, depending on the amount of alcohol and previous drunk driving offenses. There are increased penalties for drivers who are transporting children while impaired or under the influence of alcohol.The Administrative Hearing for License SuspensionThe driver has a right to ask the Utah Motor Vehicle Administration (MVA) for a hearing to review a license suspension.A request for a hearing must be sent in within 10 days to the MVA. If you don’t file it within 10 days, you can’t appeal it.If you want to make sure that your driving privilege is not suspended prior to your hearing, you must send a request for a hearing within 10 days of the traffic stop.If the driver does not request a hearing, the suspension will automatically. If there is a hearing, it is usually soon after.At the hearing, the only facts that the Motor Vehicle Administration will consider are:Whether the police officer had reasonable grounds to believe the person was driving or attempting to drive while under the influence of or impaired by alcohol or drugsWhether there was evidence the driver used alcohol or drugsWhether the police officer requested a test after the officer warned the driver of the penalties for refusal or a failed testWhether the person refused to take the testWhether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of 0.05 or more at the time of testing;If the hearing involves disqualification of a commercial driver’s license, whether the person was operating a commercial motor vehicle or held a commercial driver’s license; andWhether the person was involved in a motor vehicle accident that resulted in the death of another person.If, at the end of the hearing, the MVA’s Administrative Law Judge believes the driver was properly pulled over, warned, and failed or refused to take the test, the judge will suspend the person’s driver license.Ignition Interlock ProgramUnder certain circumstances, a driver can request to participate in the Ignition Interlock System Program. The MVA monitors this program, where a driver can only operate a motor vehicle that is equipped with an ignition interlock device. The MVA has more information about this program on its website.The system cannot record sound or take video, but will take a still photograph of the person taking the test or if the device is being tampered with.Criminal Proceedings for DUIIf a person has been arrested for a DWI or DUI, he or she will be charged with a crime and must go to court. Drunk-driving offenses are misdemeanor crimes in Utah.If a person is found guilty of a DWI or DUI, he or she faces a hefty fine and jail time. Penalties can range from a $500 fine and two months in jail up to a $5,000 fine and five years in jail. You really should hire a criminal defense lawyer to help you.If the DWI or DUI occurs when transporting a minor, the length of jail terms are much longer. The punishments for DWI and DUI increase with each subsequent conviction.PointsThe Motor Vehicle Administration will put “points” on the record of any driver convicted of a DUI or DWI. Points stay on the driver’s record for two years.A driver who is convicted of a DWI will get 8 points, making him/her eligible for a license suspension.A driver who is convicted of a DUI will get 12 points, making him/her eligible for license revocation.Commercial License DriversThe penalties and procedures for commercial license drivers may be different. Check out the information about commercial driver’s licenses from the Utah Motor Vehicle Administration (MVA) for more information.Traffic CitationsTraffic StopsPolice officers have a duty to provide information during a traffic stop or other stop. The officer should:Display proper identification that includes:The officer’s nameIdentification numberThe officer’s law enforcement agencyThe reason for the stopAdditionally, a police officer may not prevent a person from recording the officer’s actions. These requirements to not apply when exigent circumstances exist.Receiving the CitationWhen a police officer issues a driver a ticket for a traffic citation, whether the driver needs to go to court depends upon the offense. For payable offenses, the driver may admit guilt and pay the full amount of the fine on the citation, request a hearing asking the court for a lower fine or no sanction, or request a trial date at the date and time established by the court.When an officer issues a traffic citation, the driver has to sign an acknowledgment that he/she received the citation. This paper is only to show that the driver received notice of the citation. The driver does not admit guilt by signing the acknowledgement. The driver may be arrested if he/she refuses to sign.Payable OffensesFor payable offenses, if the driver chooses to pay the fine and plead guilty, the guilty plea will be entered on the driver’s record and the Motor Vehicle Administration (MVA) may assess points. Drivers can also ask for a hearing to have the fine reduced or for the Judge to decrease or eliminate any points for payable offenses. This hearing is not a trial. When asking for a hearing, drivers give up the right to have a trial and the officer who issued the citation will not be present. The hearing is just an opportunity for the driver to explain to the judge why he/she should receive a lower fine or probation before judgment (PBJ), but the driver doesn’t dispute the truth of the facts. The MVA will not charge points for a PBJ because it is not a conviction. There is a chance that the judge will charge the driver with a higher fine, not to exceed $500.Drivers charged with a payable offense (the offense is not punishable by incarceration) do not automatically get a trial date. Drivers requesting a trial must send in the form requesting a trial within 30 days of receiving the citation.Requirement to Appear in CourtMore serious violations such as driving while under the influence of a substance or driving a vehicle without an owner’s consent require that the driver appear before a Judge and the citation will provide notification to the driver that he is summonsed to appear at Justice Court or District Court in the county where the alleged crime occurred. If the driver is charged with a violation that might include prison time, the driver is required to appear in court. Sometimes the driver does not have to appear in person and may be able to request that an attorney appear on his or her behalf. Any driver cited with an offense that may be punishable by prison time should consult an attorney.Areas We Serve in NevadaWe serve individuals and businesses in the following Nevada locations:Alamo NevadaAmargosa Valley NevadaAustin NevadaBaker NevadaBattle Mountain NevadaBeatty NevadaBeaverdam NevadaBennett Springs NevadaBlue Diamond NevadaBoulder City NevadaBunkerville NevadaCal-Nev-Ari NevadaCaliente NevadaCarlin NevadaCarson City NevadaCarter Springs NevadaCold Springs NevadaCrescent Valley NevadaCrystal Bay NevadaDayton NevadaDenio NevadaDouble Spring NevadaDry Valley NevadaDyer NevadaEast Valley NevadaElko City NevadaEly City NevadaEmpire NevadaEnterprise NevadaEureka NevadaFallon Station NevadaFallon NevadaFernley NevadaFish Springs NevadaFort McDermitt NevadaGabbs NevadaGardnerville NevadaGardnerville Ranchos NevadaGenoa NevadaGerlach NevadaGlenbrook NevadaGolconda NevadaGolden Valley NevadaGoldfield NevadaGoodsprings NevadaGrass Valley NevadaHawthorne NevadaHenderson NevadaHiko NevadaHumboldt River Ranch NevadaImlay NevadaIncline Village NevadaIndian Hills NevadaIndian Springs NevadaJackpot NevadaJohnson Lane NevadaKingsbury NevadaKingston NevadaLakeridge NevadaLamoille NevadaLas Vegas NevadaLaughlin NevadaLemmon Valley NevadaLogan Creek NevadaLovelock NevadaLund NevadaMcDermitt NevadaMcGill NevadaMesquite NevadaMina NevadaMinden NevadaMoapa Town NevadaMoapa Valley NevadaMogul NevadaMontello NevadaMount Charleston NevadaMount Wilson NevadaMountain City NevadaNellis AFB NevadaNelson NevadaNixon NevadaNorth Las Vegas NevadaOasis NevadaOrovada NevadaOsino NevadaOwyhee NevadaPahrump NevadaPanaca NevadaParadise NevadaParadise Valley NevadaPioche NevadaPreston NevadaRachel NevadaReno NevadaRound Hill Village NevadaRuhenstroth NevadaRuth NevadaSandy Valley NevadaSchurz NevadaSearchlight NevadaSilver City NevadaSilver Peak NevadaSilver Springs NevadaSkyland NevadaSmith Valley NevadaSpanish Springs NevadaSparks NevadaSpring Creek NevadaSpring Valley NevadaStagecoach NevadaStateline NevadaSummerlin South NevadaSun Valley NevadaSunrise Manor NevadaSutcliffe NevadaTonopah NevadaTopaz Lake NevadaTopaz Ranch Estates NevadaUnionville NevadaUrsine NevadaValmy NevadaVerdi NevadaVirginia City NevadaWadsworth NevadaWalker Lake NevadaWashoe Valley NevadaWells NevadaWest Wendover NevadaWhitney NevadaWinchester NevadaWinnemucca NevadaYerington NevadaZephyr Cove NevadaAreas We Serve in UtahWe serve individuals and businesses in the following Utah locations:Salt Lake City UtahWest Valley City UtahProvo UtahWest Jordan UtahOrem UtahSandy UtahOgden UtahSt. George UtahLayton UtahSouth Jordan UtahLehi UtahMillcreek UtahTaylorsville UtahLogan UtahMurray UtahDraper UtahBountiful UtahRiverton UtahHerriman UtahSpanish Fork UtahRoy UtahPleasant Grove UtahKearns UtahTooele UtahCottonwood Heights UtahMidvale UtahSpringville UtahEagle Mountain UtahCedar City UtahKaysville UtahClearfield UtahHolladay UtahAmerican Fork UtahSyracuse UtahSaratoga Springs UtahMagna UtahWashington UtahSouth Salt Lake UtahFarmington UtahClinton UtahNorth Salt Lake UtahPayson UtahNorth Ogden UtahBrigham City UtahHighland UtahCenterville UtahHurricane UtahSouth Ogden UtahHeber UtahWest Haven UtahBluffdale UtahSantaquin UtahSmithfield UtahWoods Cross UtahGrantsville UtahLindon UtahNorth Logan UtahWest Point UtahVernal UtahAlpine UtahCedar Hills UtahPleasant View UtahMapleton UtahStansbury Par UtahWashington Terrace UtahRiverdale UtahHooper UtahTremonton UtahIvins UtahPark City UtahPrice UtahHyrum UtahSummit Park UtahSalem UtahRichfield UtahSanta Clara UtahProvidence UtahSouth Weber UtahVineyard UtahEphraim UtahRoosevelt UtahFarr West UtahPlain City UtahNibley UtahEnoch UtahHarrisville UtahSnyderville UtahFruit Heights UtahNephi UtahWhite City UtahWest Bountiful UtahSunset UtahMoab UtahMidway UtahPerry UtahKanab UtahHyde Park UtahSilver Summit UtahLa Verkin UtahMorgan UtahExpungement Attorney ConsultationWhen you need help from a expungement lawyer, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.Jeremy Eveland17 North State StreetLindon UT 84042(801) 613-1472
Contact Information
Jeremy Eveland
17 North State Street, Lindon, UT 84042
(801) 613-1472
More info about us:
Can a DUI Be Expunged?
Links
List of recommended resources
Please visit :
Videos
YouTube videos we recommend watching!
Can a DUI Be Expunged?