Reader’s Question:

My brother was charged with drunk driving in Jacksonville, Florida. He is already scheduled for a hearing next week. What would be the major impact of this charge to his criminal records?

Monica

Jacksonville, FL

Generally, after a DUI arrest, the offender goes to the court for arraignment, trial or negotiated disposition and conviction or sentencing. During this proceeding, the lawyer can challenge the BAC test’s reliability, offer defense expert evidence that the driver offender was not under the influence, obtain “discovery”, which is a documented evidence important to the offender’s charges. Sentence then on the other hand ( if found guilty), determines how the conviction was classified, the amount of fines and taxes the offender needs to pay, how long will the license be suspended or revoked, and whether parole, community service or even imprisonment is warranted. Penalties may be severe for first time offenders and would always be greater for subsequent convictions.

Being convicted with DUI has subsequent criminal record impacts. As opposed to popular belief, a DUI conviction may remain on the offender’s record forever unless the state allows it to be taken off or expunged. Nevertheless, it will still appear on the offender’s record for employers, credit bureaus, and government agencies to see. The police practice of keeping records of convictions is separate on how far back the prosecutor can go to allege “prior convictions” against the offender to increase the penalties if convicted.

Always make sure that you and your brother knows the state laws on DUI. I suggest as well getting the service of a legal professional in defending your brother in his DUI case. Once everything is cleared out, start looking for an auto insurance that would have policies covering DUI accidents.

Tags: auto insurance, drunk driving laws, DUI