Flickr User: totalAldo

If you have ever been arrested, that fact will never change. Years from now if a potential employer asks you if you’ve “ever been arrested,” that answer will always be yes. No matter what happens after the arrest—conviction, acquittal, or dismissal—the arrest still happened.

If in fact, you were arrested for a DUI and convicted, the DUI can stay on your record indefinitely. Most people believe that a DUI will automatically be removed from your record after a certain period of time, but that is not always the case.

Many States have laws in place that will keep a DUI on your record for a certain number of years, while other States do not have such laws and a DUI can stay on your record forever in one of these States.

If you are an adult when you are arrested and convicted of a misdemeanor (in this case—your DUI), it remains. You may file a motion to set aside the judgment, which is a way to expunge the criminal misdemeanor conviction from your record.

If this is granted and someone performs a background check on you, they will not find it. When they perform a detailed criminal background search, they will see the charge & conviction but that it was set aside.

If you have been convicted of a DUI, you are going to run into situations from time to time where you will have to show your DUI record.

The most obvious example is when applying for a job that requires you to drive a company vehicle. In a case like this, an employer is going to want to check your driving record.

There are many employment opportunities out there that you can still land even if you’ve been convicted of a DUI.

Don’t allow a DUI conviction to control your life forever. Find out from your local DMV office when you can file the necessary paperwork to expunge your record.

If you find yourself in a situation where you just don’t know how to proceed in clearing your DUI from your record, it is strongly suggested that you seek out a qualified DUI attorney who can help expunge your record.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

Senator Udall indicated that New Mexico aggressively applied the ignition interlock penalty to all offenders and that the measure has saved lives. He said he believes that “…enacting it nationwide would have the same positive and resounding effect.”

If the proposed legislation is approved and enacted, the federal government may take away part of a state’s transportation funding if they do not adopt and enforce the law’s strict requirements. This would essentially ensure that ignition interlock devices would become a mandatory consequence of DUIs throughout the U.S.

A MADD representative indicated that 50-75% of those with suspended licenses due to DUIs continue to drive anyway. The ignition interlock system, MADD said, allows a person to go to work, school or necessary destinations as long as they have not consumed alcohol.

More specifically, the proposed federal legislation would require any person convicted of DUI to use an IID for six months. Currently, only the following states require IIDs for all drunk driving offenders: Arizona, New Mexico, Utah, Washington, Arkansas, Louisiana, Nebraska, New York, Alaska and Hawaii.

Although some might say IIDs are an unnecessary inconvenience, their merits are quite considerable:

• The Centers for Disease Control (CDC) found through studies that subsequent DUI arrests fell by 73% with the IID installed.
• Drivers using the device had fewer crashes than those driving on suspended licenses.
• A study by the Insurance Institute for Highway Safety showed that convicted drunk drivers who used the ignition interlock device caused 30% fewer fatalities.

If you are seeking legal advice for a DUI in Arizona, you may already be aware of how stringent the laws are in this state. If the Beauchamp Law Office can be of assistance to you, please do not hesitate to utilize our services by calling us today.