DUI Advices

If you have been convicted of a DUI offense, you may have some options available to clear your record.

Your first step after a DUI conviction is to start a new trial from the court. If there was a mistake in the admission of evidence at your trial or some other procedural problems, you can ask the court for a new trial. If the judge accepts your request for a new trial, you will be allowed to present your whole case again but this time in front of a new jury. If you’re found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted.

If the judge refuses to give you a new chance, or you lose at your second trial, you might be able to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument - you are not required to appear or participate in this appeal. If you’re successful in your appeal your record will be cleared.

If your appeal is unsuccessful, you still have a few options. In many states, you may be eligible for an expungement. An expungement is a legal procedure in which, after the passage of a certain amount of time after your conviction or arrest (typically, one year), your DUI lawyer can apply to have your DUI conviction deleted from your criminal record. However, in most states, an expungement is not available for DUI.