Can You Protect Your Identity After a DUI Arrest?
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Perhaps you have made a mistake when driving while intoxicated and then gotten arrested for a DUI. But does that mean your identity will be known to the world or can it be protected? The 4th Amendment of the Constitution is intended to protect people against unreasonable searches, seizures and invasions of privacy, so there are limits regarding how far the law can go. But if you are pulled over by police and arrested for a DUI, chances of people finding out about it are very high.
What If You’re Convicted of a DUI?
One very important thing to remember is not to talk to anyone about your DUI case until you’ve spoken to an attorney. He or she will have a strategy that will protect you, so don’t tell anyone about the details of your case until you’ve had a chance to go over it with an attorney. The importance of keeping quiet is very important, because once you’ve been convicted of a DUI, it can make life pretty difficult especially when applying for a job that requires a driving record, or if you try to get a new car insurance policy. Since any type of arrest is made public, those public records may very likely include detailed information about you, as well as the incident leading to the arrest. And the only way those records can be closed is if a person is found innocent of the charges. An attorney is experienced in these matters and can often find ways to lighten the sentence or keep you from losing your license. He or she will have a strategy that will protect you, so don’t tell anyone about the details of your case until you’ve had a chance to go over it with an attorney.
Questions that are often asked about a DUI and privacy
Must I Tell an Employer If I’ve Been Convicted of a DUI?
In actuality, there is no legal requirement that says you must tell your employer, but if you drive an employer owned vehicle and you have a company contract that requires you to give notification of a DUI, then you must tell your employer.
As time goes by, will my DUI record be less harmful to my employment record?
A number of employers will request a three-year driving record. If your DUI record falls before the three-year period, your potential employer will probably not see it, but some employers ask for more than a three year driving record, which could cause the DUI record to come up.
If I’ve been arrested for a DUI, does it mean I will lose my job?
A good deal depends upon your employer. Some are more lenient while others very strict about DUI arrests. It’s probably best to tell your employer, but not until you’ve spoken to an attorney. As a point of reference, both George W. Bush and Dick Cheney had DUI charges against them in their earlier years, and neither was kept from success.
If I had an accident while driving under the influence, what should I tell my insurance company?
It’s important that you tell your insurance company that you were in an accident and that you are under investigation for DUI, but do not talk to the insurance company about any of the details about the incident because it could be used against you. Once again, it’s always best to talk with an attorney first.
I feel very embarrassed about being stopped for a DUI and don’t know if I want to tell my family and friends. What do you recommend?
There is no reason that you tell your family about the incident, but it’s not a good idea to keep it bottled up. Even if you’ve contacted an attorney, it’s always good to have someone in your corner who is there as your support person. Confide in someone you trust.
Is it possible that even if I don’t tell my family, they may find out?
As mentioned earlier, the records of an arrest case are public. Today especially, it’s very easy to glean information by simply browsing on the Internet. That would be the easiest way for someone to track information about you.
Would it help if I was arrested for a DUI and I had people that know me well write letters about my basic moral fiber?
Letters of reference and character letters can be helpful but these types of letters are only useful during sentencing.
Will I ever be able to have the DUI arrest removed from my record?
A DUI can stay on your record indefinitely. Although many people think that a DUI record automatically falls away after a specific amount of time, most states have laws that keep a DUI record for a specific number of years and it may remain on your driving record indefinitely.
If the charges are reduced will the DUI still show on my record?
It will still show on your record, but it will indicate that the DUI was reduced to a different charge.
Is it ever possible to plea bargain a DUI conviction so that it doesn’t appear on my DMV record?
There are times when you can plea-bargain your conviction so that it doesn’t appear on your motor vehicle record as a DUI, but it’s difficult to achieve when alcohol related arrests are involved. Plea-bargaining, which is negotiating a deal with the prosecutor to a lesser charge, is often discouraged in alcohol related cases, as it is such a serious crime, that it is considered inappropriate. Occasionally, an attorney can reach a deal to have a charged reduced to a less serious charge.
Is it ever possible to have a DUI Record Expunged?
A lot depends upon the state in which you live. To remove a DUI record, you would have to speak with the DMV to find out how to remove it. Very often an attorney can help you clean up your DUI record.
When it comes to protecting your identity after a DUI, it isn’t going to be easy. Because all arrests become public knowledge, they’re available for the world to see. After a period of time, you can check with the DMV to review your driving record. Once you know where your record stands, you may only need to do a little work to have your DUI record cleared. More often than not, you would have to seek the counsel of an attorney to get the DUI off of your driving record, which is another reason why it’s always wise to take advantage of a good DUI attorney as he or she will do whatever is possible to keep your record clean.