Can I keep a DUI from going on my record?

Question

I received my DUI four days before my 21st birthday. How long will they suspend my license for? I work full time and go to school.  I have never been in any trouble and I have a clean record . Is there anyway the judge will forgive me and not put it as a DUI on my record?

Steven D. Dunnings · Answer

No.

Jules N. Fiani · Answer

No.

Gregory Casale · Answer

No.

Jacob P. Sartz · Answer

If you need specific legal advice, you should consult with an attorney.   Speaking generally, DUI's in Michigan stay on your record for a long time. The  current law for expunging past convictions does not include OUI's.  Your license suspension varies on the type of DUI charge that you were convicted of.  Those sanctions are administered by the Secretary of State and you should  receive notice from them. Theoretically, given a judge's authority over these  matters, there are some ways to get around the law regarding expunging past  convictions. There is a small possibility that, with a cooperative prosecutor, a  person  may be able to get around the issue. However, you'd need to consult with an attorney for more information.

Thomas Tomko · Answer

In general, it is unlikely that this will not go on your record.  The only possibility is if there is a problem with the evidence such that your attorney can convince the prosecutor that the charge should be reduced to a non-drinking offense.  This will be fact specific, in that it will depend on the particular facts of your case.

Thomas Mueller · Answer

The normal penalty is a one year license suspension, a fine of $1900, 5 days  weekend work program and a First offender DUI Program. It is unlikely the D.A.  or judge will forgive it out of kindness. You would have a better chance of that  with a good lawyer, but even that is no guarantee

Cynthia Henley · Answer

You need to hire a lawyer. The only way you can possible handle the matter without damaging your record and possibly retaining your driving privileges is to have a lawyer represent you.

Jeffery Cojocar · Answer

It will be in your record forever.

Jason Savela · Answer

License suspension is likely 12 months. The judge does not get to make that decision. Get a really good DUI trial attorney to have the best shot at getting the things you want.

Stephen Freeborn · Answer

It is possible (depending upon  the facts), but highly unlikely, especially if you are convicted.  The fact that you have never been in trouble is irrelevant, other than when it comes to sentencing , in which the court will impose mandatory minimum sentence, which will in all likelihood result in at least one day in jail.  This is a very serious charge.  You need to consult with an attorney.

Eric Chandler · Answer

In Nebraska, the only way you can keep a DUI off your record is having your lawyer negotiate a reduced charge, win at trial or participate in Diversion.  The only county in Nebraska I am aware of that offers Diversion is Sarpy County.  Your best bet is to call a lawyer nearby and discuss your options sooner rather than later.

Michael Garber · Answer

You might qualify for pretrial diversion which would keep the DWI charge off your record but would not keep the DWI arrest off.

Michael Palumbo · Answer

Can I keep a DUI from going on my record? Yes. You must go to trial and be found not guilty.   I received my DUI four days before my 21st birthday. How long will they suspend my license for? If convicted, a 1 year revocation.  I work full time and go to school. This is irrelevant.  I have never been in any trouble and I have a clean record. Again, this is irrelevant. Is there any way the judge will forgive me and not put it as a DUI on my record? Not a chance.  To come away with this as if it did not happen is to be found "not guilty." For that you need to retain counsel such as myself who is conversant in DWI defense. Have one of your parents call me to discuss retaining my office, because retaining counsel that is experienced in DWI defense is expensive.

Philip Hache · Answer

If you are convicted of a DUI, it is going to go on your record.  A judge will not just "forgive you."  What you need is a DUI attorney who will analyze and defend your case.  It is possible to have DUI charges dismissed or reduced to lesser charges.  You can contact me through 1duilawyer.com if you want to discuss the case in more detail.  If you are convicted for a 1st offense DUI, your license will be suspended for 6 months along with other potential harsh consequences, although you have the possibility of getting a work restricted license.  Additionally, the DMV will likely automatically suspend your drivers license if you do not request a DMV hearing within 10 days of your arrest.  If you have not done so already, talk to an attorney about your case.  Many attorneys, including myself, offer free initial consultations and payment plans.  Further, I could request the DMV hearing for you, get you a new temporary license so your license is not suspended automatically in a couple weeks.

Michael Nack · Answer

You are going to have an arrest record that will show the DUI, but you   should be able to avoid a conviction being entered on your record. You   definitely need to hire an attorney. If you are in my area, I might be able to   help you myself. Please feel free to contact me.

Jared Austin · Answer

It is not up to the judge to decide what to charge you with. That is the prosecutor's job. A judge or prosecutor is not going to just completely "forgive" the amount simply because it is your first offense. If that was the case, no one would ever get convicted since everyone has to have a first time. Chances are they will reduce the charge below the DUI such as reckless driving or some other equivalent. That is what will save you on your license sanctions. Since it is your first offense you would be able to at least get a restricted license which would allow you to drive to and from work and school. You need to retain an experienced DUI lawyer because only a trained eye can review police reports and lab results for errors that could get the charges reduced or dismissed. They will be able to tell you which plea bargains are good and which ones are not and they can often secure a better offer. Also, if you got the DUI before your 21st birthday, you could be charged with Minor in Possession as well which is another misdemeanor charge. A good DUI lawyer will more than pay for himself in what he can save you in terms of possible jail, vehicle immobilization, Smart Start costs, probation, license sanctions, and higher insurance premiums. It is a good investment. The system is too complex and too much is at stake to represent yourself.

Joseph Katz · Answer

To Whom It May Concern:  A year, and no, once you plead 'guilty' and are sentenced, you will have a conviction. It is priorable for ten years (that means the next DUI you have within ten years would count as a second DUI, with harsher penalties, but after ten years the penalty goes back down to a first-time DUI). The better way to handle the DUI would have been not to plead and to try to negotiate a lesser charge with the District Attorney. You said you "received" your DUI four days before your birthday. Did you mean you received a conviction, or were arrested? If you have not pled guilty, there is still time.

Robert Gigstad · Answer

It is possible that you are eligible for a diversion, depending upon the circumstances of your case.  The diversion would effectively keep the dui off of you record, but it would still count in the event you got a 2nd dui down the road.  In KS for a first time DUI for someone under the age of 21 you are looking at a license suspension, but it depends on what you blew.  In the worst case scenario your license could be suspended for 1 year followed by 1 year of having an ignition interlock (breathalyzer) on your car.  I would recommend talking with an experienced DUI attorney soon. Good Luck.

Justin Olsinski · Answer

The only way to keep it off of your record is to beat the charges in court. A judge does not have the power to keep the charge off of your record, only the ADA could dismiss the charges out right.  District Attorney's throughout North Carolina would be extremely hesitant to dismiss a DWI charge because of the serious nature of the offense.  You should talk to an attorney in your area who can help you fight this and have you prepared for a driving privilege if you do lose.

Eric Schurman · Answer

It is very important to hire an experienced DUI attorney.

Jared Altman · Answer

First, I can't tell what you were convicted of because technically there is no such thing as "DUI" in New York. The basic charges are DWI and DWAI.  But I can state that your license may be suspended or revoked for up to six months or until your twenty first birthday, whichever is longer.

Roianne Houlton Conner · Answer

You can ask for treatment under the Youthful Offender Act and see if the Court wll grant this.  If it is granted then the arrest will be sealed.

Timothy Klisz · Answer

Chances are slim to none. You still need a skilled attorney to avoid jail in some courts.

Michael J. Breczinski · Answer

Not unless both the judge the prosecutor and you agree on an alternate plea. In Michigan alternate pleas do not happen very often. Get an attorney.

Michael Nichols · Answer

Not if you are convicted. Contact a qualified dui attorney to unturn every stone.

Jeff Yeh · Answer

First of all, they will suspend your license for 1 year if you lose or don't request a hearing with the DMV (this is completely separate from the court case). Second, wait for hell to freeze over before a Judge will just "forgive" you and dismiss the case. Time to hire a DUI specialist.

Mark Cogan · Answer

There is much that a good criminal defense lawyer can do for someone in your situation. Be smart. Place your case in the care of the best attorney you can find.

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