When you get stopped for drunk driving in Clemson, South Carolina, you’ll be given a breathalyzer test. If your blood alcohol level is 0.08 or above, you will be charged with drunk driving. You will be arrested on the spot and taken to jail. Your car will be impounded. After about 12-24 hours, if you’ve bail money, you’ll be allowed to leave, but you’ll have to return to court. During the trial, if you’re deemed guilty of drunk driving, you may face a monetary penalty and/or incarceration depending on your driving record, level of blood alcohol and the number of previous DUIs, if any. Talk to a lawyer if you need more information regarding DUIs in SC. This process can take a toll both financially, personally and professionally. Unfortunately, many people never take drunk driving seriously. That is because a DUI on your record can never be expunged.
Once you have had a criminal conviction for drunk driving in South Carolina, it stays on your record permanently. Should you decide to leave the state and start all over again, the South Carolina Department of Motor Vehicles works with all other states and transfers driving record from state to state
But Why do Drivers Need an Expungement?
When one is convicted of drunk driving, it is considered a felony and shows up in your record when you apply for a job, want to rent an apartment, buy a car, apply for a student loan, etc. And with a felony conviction, your chances of moving forward in life are slim. The felony conviction can negatively impact you in many daily events in your life. That is probably the reason why most people want the record to disappear.
An expungement is a legal process that requires a court disorder mandating that all public entities that have your record, erase the file permanently. If the expungement is successful, the record of your arrest and conviction is erased from police files and public records. However, there is one problem. in South Carolina, drunk driving arrest and conviction cannot be expunged; it stays with you permanently.
But What About a Not Guilty Verdict?
If you are arrested for drunk driving, but the court finds you not guilty, the record is expunged from the files. The court will direct the public entities to remove the drunk driver arrest record from both public and private domains.
Who is in Charge of Expungement?
In general, to expunge a criminal record, you need assistance from a DUI lawyer. There are special forms to be filed. While one can do the process of expungement on their own, the assistance of a DUI attorney can be beneficial because there are many nuances in the law that need to be followed.
Do remember, expungement can only be done if you have been found not guilty- it cannot be done if you have been convicted of a DUI. The best way to avoid the hassles associated with drunk driving is to not drive drunk in the first place.
Contact a DUI Lawyer at the Bateman Firm
If you or anyone you know would like more information regarding expungement of a DUI record in Clemson, SC, call our Clemson DUI lawyer for more information. Our DUI lawyers are here to help you understand the law. If you have been arrested or charged with a DUI, you need to get legal representation as soon as possible. Call us today at 864-406-3004, and one of our DUI lawyers will discuss the specifics of your case with you.
Keep in mind that the State of South Carolina is very vigilant when it comes to DUI. But people can make a mistake. If you were arrested for a DUI and if you require legal services, call our DUI lawyer today and tell them the circumstances of your case. Our DUI attorneys have been providing legal services for many years and have dealt with numerous cases successfully. We want to ensure that our clients are well-supported and that the argument presented on your behalf is strong and based on facts. If you need legal counsel for a DUI charge, call our office today to book an appointment. The earlier you take action, the better it will be for you. A DUI charge should never be taken lightly as it can change your life. Call us now and let us help you.