Akron Dui Attorney Explains Expungement

A DUI (driving under the influence of drugs or alcohol) or OVI (operating a vehicle

whilst impaired) charge in Akron, Ohio, has serious consequences, and as such shouldn't be dealt with without the experience of a qualified Akron DUI attorney. When asked the question "Can a DUI charge be expunged?" the short answer is no. To have a criminal charge expunged means to have any record of it removed, so that it appears as if the charge was never administered in the first place. This cannot be done with a DUI, and so you need the help of someone in the know in order to save your record from a charge like this.

DUI convictions are not eligible for expungement from a criminal record. Having a DUI conviction also means that any further offenses will not be able to be expunged. This is one of the collateral impacts of pleading to or being found guilty of a DUI that should be discussed with an Akron DUI attorney.

The penalties for a DUI in the state of Ohio are severe. Depending on whether or not the charge is your first offense or second (or third or fourth), they can include:

* A fine

* Imprisonment

* Probation

* License suspension

* Vehicle confiscation

* Alcohol/drug education classes

* Ignition interlock system

* Specialized DUI registration plates

If the DUI arrest occurred after an accident in which there was severe damage or in which someone was injured, then the charges could escalate to a criminal felony and mandatory imprisonment. As you can see, a DUI charge is not something that someone would want to have on their record, and that is the exact reason for hiring an experienced Akron DUI attorney.

If there are certain mitigating factors surrounding your arrest or the collection of evidence for your DUI charge, a qualified Akron DUI attorney will be able to assist you in either having your charges reduced, or getting them dropped completely. In a lot of cases, your driving rights can be returned to you at the very least.

The first step, naturally, is to call an experienced Akron DUI attorney as soon as possible. They will submit an appeal to the BMV for a hearing (if it is within the 10 day window for appeals) in which the BMV will be required to justify why a license suspension is needed. A lot of cases will have the license suspension revoked immediately. After the BMV hearing, the criminal hearing will proceed in court.

Here, your Akron DUI attorney will try and prove that the evidence against you for the DUI charge is not admissible in court. This will go a long way in having the charges dropped. Reasons for the evidence not being admissible can include things like:

* The breathalyzer unit used to test you was not tested and calibrated regularly (and so the reading could have been off)

* If the field sobriety tests were not carried out exactly as per the Ohio laws and regulations laid out

* If the arresting officer used alcohol as skin sanitizer when taking blood for the blood test

And if there is anything else which might make the evidence unusable, your Akron DUI attorney will bring this to the judge's attention.

by: Martino Ramsdell

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