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Being convicted of a DUI can have negative consequences that follow you around for life. In Ohio, removing first-time, non-violent offenses is typically possible through expungement. Unfortunately, a DUI or OVI is not eligible for expungement and, therefore, cannot be sealed from the public. Ohio law prevents any offense related to driving under the influence from being expunged.
Even though a DUI and OVI are not eligible for expungement, there are still ways to keep them off your permanent record. With the help of an experienced legal team, you can weigh your options and determine the best legal strategy for you. For more information, call our law offices today at 330-296-8000.
How Can You Keep a DUI Off Your Permanent Record?
A DUI arrest doesn’t automatically mean your charges are on your criminal record for life. After an arrest, the court still has to prove you are guilty. You will have the opportunity to defend yourself against the charges and prevent them from going on your record. If your legal team can prove you are innocent, the charges will be dropped and cannot go on your record.
The best way to keep a DUI from following you around for life is to hire an experienced legal team to defend you from your charges. Your lawyers can assist you in gathering evidence and creating a legal defense strategy to reduce or remove penalties and criminal charges. If the charges are dropped, or the case cannot continue to trial, then the DUI or OVI will never be entered into your permanent record in the first place.
What is a Pretrial Diversion Program?
A pretrial diversion program is available to some individuals who have committed non-violent crimes. After completing a pretrial diversion program, the charges will be removed, and your record will be wiped clean. In most cases, you will be required to complete probation-like requirements, including a rehabilitation program and drug classes. You may also be required to avoid alcohol or drugs and submit to drug testing. Other requirements may include attending school, working, or doing community service. The length of a pretrial diversion program depends on the circumstances of your case, but many last for years.
It’s important to note that you must enter a plea of “no contest” or “guilty” before entering a pretrial diversion program. If you meet the terms of the program and complete them, your record will be cleared.
Not all individuals are eligible for a pretrial diversion program. You qualify if you meet the following criteria:
- This is your first offense
- The offense is non-violent
- Your actions were influenced by addiction
What is the Best Way to Fight a DUI Conviction?
Working on your defense strategy is the best way to steer clear of a criminal record. Fortunately, there are many different ways a lawyer can assist you in fighting a DUI conviction to keep it from following you around for life.
Some of these defense strategies include:
Lack of Probable Cause
To pull you over or stop your car, a police officer must have reasonable suspicion that criminal activity is happening. If your legal team can prove that the officer did not have reasonable suspicion, any evidence collected after the fact may be inadmissible in court.
Procedural Errors
Evidence collected at the scene, including the results of a breathalyzer test, must follow a strict protocol to be entered into evidence. If the officer handling your case did not follow this protocol, your legal team could argue that your case is not eligible for trial.
Invalid BAC test results
Blood alcohol content (BAC) tests are used to measure the amount of alcohol in an individual’s blood. However, the machines that run these tests can be faulty. If your team can prove that the results are inaccurate, you could get your charges dropped.
How Can a Defense Lawyer Help Me?
Being convicted of a DUI or OVI can have life-long consequences that impact your career, finances, and social life. Defending yourself against DUI charges is the best way to keep it off your record and avoid those penalties. If you have been charged with a DUI, don’t hesitate to reach out. Call Weisenburger Law Offices, LLC today at 330-296-8000.