Our DUI Record Search guide will explain what the DUI process is and what an individual could expect if they get a DUI.
Remember drinking and driving should never be done and comes with stiff penalties that could last a lifetime. Not to mention you but yourself and others in great danger buy getting behind the well after drinking.
DUI or Driving Under the Influence is a criminal offense that involves someone driving under the influence of alcohol that impairs the person’s ability to operate a vehicle. Even if you show no signs of being intoxicated but have a blood alcohol content of .08 or greater it is still considered to be a criminal offense.
Differences between DUI and DWI
If you ask most people they will tell you that DUI and DWI mean the same thing. In general they both are the act of driving while intoxicated, however there are some differences. Depending on where you are located and your age can be the difference between a DWI and DUI.
There are some states that do not make the distinction between the both, Illinois is one of those states.
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What is the BAC level (Blood Alcohol Concentration?)
(BAC) when your Blood Alcohol Concentration is at 0.08% or greater you are considered to be legally impaired to operate a vehicle and will most likely be arrested for DUI. Keep in mind that just because you’re BAC levels are under the 0.08% level you can still be charged if the arresting officers notices that you are impaired.
How do you check your BAC levels?
Self-assessment: The first way most people check there BAC levels is to do a self-assessment. This is definitely the worst method of assessing your levels. You may notice yourself becoming more extroverted, feeling great, slurring words, etc.
BAC Calculators: This method uses calculations based on number of drinks consumed vs a person’s gender, weight, and other calculations. There are huge assumptions that take place using this method and it is not recommended.
Breath Testing: Commercial breathalyzers are the most reliable ways to measure a person’s BAC levels. There quick and reliable.
You’re legally impaired when your Blood Alcohol Concentration is at or above 0.08%
What can affect a person’s BAC percentage
Type of drink (Strength of drink)
Hydration of individual
Food consumed before drinking
DUI Record and Privacy
Any approved establishments will potentially have the right to access criminal history. States differ from each other but a majority of states allow anyone to simply pay a fee by walking into a clerk’s office and obtaining the information. Some states limit the information you can see.
Technology has made finding and then viewing this kind of data much easier. Users can pay for this data directly online and view information that would otherwise take a much longer time to get.
DUI checkpoints must have a reason behind why the checkpoint should be operated and created. This is done to justify the intrusion to individual constitutional rights. Officers working the checkpoint must also follow the correct procedures.
There are a number of factors that the courts require to meet the necessary DUI checkpoint. These are some of the following reasons :
• Establishing a checkpoint has rules and most have supervisor approval first. Officers can’t just put up a checkpoint any ware or time they feel like it.
• Stopping cars are not just a random pick. There is a formula that is followed for all cars that pass through a DUI checkpoint.
• Transparency is a must. The checkpoint must have all proper equipment and everything must be clearly stated.
• Length must be reasonable. DUI checkpoints cannot last days.
• Motorists must have a clear picture of why they are being stopped. The DUI Checkpoint must show clear nature of what is happening.
• Whether the DUI checkpoint is followed by publicity.
Most people are not aware of this however for a DUI checkpoint to be valid, The checkpoint must be advertised that it will be proceeding to set up a checkpoint before the actual time.
This is done so the public knows the checkpoint is coming, and the individual has the choice to avoid it.
Evidence needed to convicted an individual of a DUI
There are a few types of evidence that is required for a law enforcement agent to make a DUI arrest. The officer considers the following when considering if the individual should be charged with DUI.
• The overall behavior of the individual
• Field sobriety test
• Questioning the individual
• Chemical test from the motorists, blood, urine or breath
IF the officer feels that he or she has reasonable / probable cause they can make an arrest.
What happens if your convicted of a DUI
Getting a DUI conviction is a serious problem. Every state says that a DUI conviction are misdemeanors and that a conviction could be punishable by jail time (up to six months) and fines.
There are differences in sentences from first-time and prior convictions
First time convictions
We want to start off saying that you should never drink and drive. For people that do drink and drive and depending on what state you live in you could face a minimum number of days in jail, fines, DUI School, and possible probation time.
Licenses are typically suspended. Rules are specific to each state regarding the length of suspension but this is typically for one year.
individuals can get permissions to drive to and back from work, and to medical care if needed.
Prior convictions see much stiffer penalties
Individuals that get convicted of prior DUI convictions will see minimum required jail time depending on the state law. If the user is extremely intoxicated with a BAC of more than .15 or more there could be serious jail time.
Get two DUI’s and you’re required to go to DUI School.
The length of time a DUI stays on your record
Exactly how long a DUI stays on your record will depend on the states expunction rules. Depending on the state a DUI conviction may stay on a criminal record indefinitely, unless the states allow it to be removed.
So you’re asking what is an expungement An expungement removes the criminal record from the individual’s history.
Remember, this option of expungement is only provided under certain state laws. There are three requirements for eligibility:
The sentence you received must have involved some form of probation. Individuals that have been sent to prison for a DUI charge have a very small chance at a DUI expungement.
The individuals most have complied with all requirements of the DUI probation. If you were revoked or discharged don’t count on qualifying for a expungement.
The individual cannot have a pending criminal issue at time of expungement.
Should I seek professional help to deal with my DUI case?
There may be serious consequences for the individual that gets committed and charged with a DUI. Remember that laws are different by state and there are multiple factors at play regarding how serious of a penalty you could face.
Whether you decide to hire an attorney is completely up to you. However we have found a good resource that you should check out that goes deeper into detail.
DUI records by state