DUI First Offender Options
In some states, with some criminal offenses, you are allowed to defer your DUI-DWI charges while you complete a prolonged period of restricted driving privileges, performance of DUI community service, and undergo drug and alcohol evaluation. If you successfully complete these programs, and commit no further violations of the law during this period, the DUI first offender charges against you might be dropped – or not recorded on your state record.
Depending on your jurisdiction, this may be called a deferred adjudication, a diversion program, a probation before judgment (PBJ), a continuation without a finding of guilt (CWOF) or some other form of a plea in abeyance.
Typically, these options may only be available for a person who is facing their first DUI, or has no DUI convictions for the last 5, 7 or 10 years, as allowed by state law. In other states, such diversion alternatives are prohibited.
Your local DUI-DWI specialist will know if such an alternative plea is even an option. He or she will also know the eligibility requirements for these deferred adjudication programs in your state, and tell you the program parameters you must complete to keep a first offender DUI-DWI conviction from being entered on your state record.
Can I Expunge My DUI Record?
If you plead guilty (guilty, no contest, or enter an “Alford” plea) to DUI-DWI, or if you are subsequently convicted at trial of anything, you will always have a first offender DUI conviction on your criminal record – unless your state allows for its removal. Some states specifically provide a statutory method under their state laws for requesting a judge to expunge your record of a first offender DUI-DWI.
However, this can only be done after a specified period of time, and is available only if you commit no other criminal offenses. In other states, your record of a DUI-DWI conviction can never be expunged. Your relentless DUI attorney will know exactly the availability of DUI expungement, as well as your options for an expungement of your first offense DUI record.
Be aware that federal law does not reciprocate and clear your federal “tracking” history of any prior convictions, diversions or deferred adjudications. The federal record is almost never “cleared,” regardless of what your state might do with its own internal records.
DUI Court Option
A DUI Court Program is usually mandated for a repeat DUI offender, but a DUI first offender can benefit from this highly-supervised and strict program. If your DUI attorney thinks that DUI Court is right for you, and if you are fully committed to 100% compliance with its rules, successful “graduation” from DUI Court can keep you out of jail, and get your life back to normal.
Call us at 1-888-839-4384 to get help with your DUI first offense case.