Eliminating Your DUI Record in Arizona

Many people who are convicted for driving under the influence want to know exactly when their record may be eligible for setting aside the conviction after all conditions of punishment are satisfied. The set aside is Arizona’s version of an expungement. A criminal history in general can be a real ongoing problem for those convicted, and especially when the charge is for impaired driving. This can be a factor in obtaining employment and even eligibility for government services or housing when there is a drug charge connected to the DUI record. Receiving a DUI citation is a watershed moment in the life of many and expunging the record can be of great importance for those turning over a new leaf in life. Luckily in Arizona, there is a path to cleaning up the record of your conviction after filing a petition to set aside.

Preparatory Steps

The first element of requesting a set aside in Arizona is assembling all records associated with the case and proving all penalties have been satisfied as ordered by the court. This includes any probationary period that was ordered following the charge or parole in the event of significant jail time. The seriousness of the charge can have an impact on a judicial decision. The court is not required by law to approve setting the record aside, which is what happens in Arizona. Many states seal the record from public view, but Arizona actually dismisses the case after the convicted defendant presents an organized request for dismissal based on their personal rehabilitation. It is vital to be prepared if you want to make a successful set aside request. For your DUI Arizona set aside, you will typically need records proving:

• Paid fees and fines
• Completed probation or parole periods
• Jail sentence completion
• Completing mandatory alcohol and / or drug education classes
• Completing interlock ignition device order periods

Supporting Testimony

Another component of a set aside in Arizona is the allowance of personal testimony from people within the local community supporting the claim of rehabilitation. This can include anyone from police officers to clergymen or city council members, or practically any other member of the community who can attest to a new direction in life for the petitioner. The purpose of the set aside in Arizona is based on the concept of a fresh start, but the court maintains that a fresh start must be earned beyond completing the required conditions of punishment. Having an experienced Arizona set aside attorney preparing your request means you have a legal professional representing the case who understands what the court will accept as proof of rehabilitation.

Importance of a Waiting Period

There is no statutory waiting period for set aside eligibility in Arizona, unlike many other states. Sealing a record is generally routine in some states, as each conviction is assessed individually. Subsequent personal criminal activity does not necessarily affect the sealing of some records in other states. This is not the situation in Arizona. However, a reasonable amount should pass from the completion of the sentence to show you have been rehabilitated.. Any run-ins with law enforcement from the date of offense till the filing of the set aside, can have a major negative impact for those striving for a DUI set aside. A successful set aside for an adult will “release” the individual for “all penalties and disabilities resulting from the conviction.” While it is not absolutely necessary to have an Arizona DUI lawyer preparing and representing a set aside, it is by far the most effective method for a successful petition. There are specific details that must be provided when the request is filed, and the court is not obligated to even grant a hearing when certain legalities prohibit the ruling. The attorney you choose can be the ultimate difference between an approved setting aside of the record and a court denial. Anyone who is seeking an Arizona DUI conviction to be set aside should contact the law office of Robert A. Dodell, Attorney at Law, in Scottsdale for more information.

The article Eliminating Your DUI Record in Arizona Find more on: AZ Crim Law – Robert Dodell Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

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Unexpected Ways a DUI Can Impact Your Life

People know that a drinking and driving conviction will limit a driver’s freedom – due to mandatory jail and driver’s license restrictions. But it hardly ends there. The decision to drive while intoxicated is a decision that will have ripple effects impacting not only your life but also your loved ones.

Does a DUI Mean that Your Life’s Over?

No, the impact of a DUI on your life does not necessarily cripple your day-to-day living and work, but it is going to be a mess for a while. The first time you’re convicted, it can cost you thousands. You may need to post bail; you need to get an attorney, skip work to attend court hearing, and, if convicted, pay a steep fine, spend time in jail, go to DUI classes, pay for an installation of a breath-testing ignition interlock device, and also pay for it to be removed. if you’re hoping to get a good job in the future, you should know that one attribute employers search for in applicants is good judgement. DUI, if nothing else, indicates poor judgment with potentially fatal consequences. It can be unfair to judge a person based only on one a DUI conviction, but you must also understand that employers will think twice about giving you a chance if they have better alternatives in other applicants.

Ways DUI Can Impact One’s Life

DUI can impact your life in many other ways:

• Public Humiliation – After the arrest, your mugshot will be taken when you are processed in a jail. This may be reported on in a small town or if you are a person of note. The event will certainly be recorded and will stay on your record for many years, or even forever.
• Stress - Expect to be stressed out over this.  You will naturally worry about how this will affect your life, your family relationships, your job.
• Interlock Installation – The installment fee and the monthly fees for the interlock will undoubtedly cause considerable pressure on your pocketbook. However, even with all the hassle and the financial consequences, the device is designed to prevent you from driving with alcohol in your system.
• Child Custody – Fighting for children custody on an ongoing divorce case? Don’t expect the judge to look kindly on you. A DUI is a red flag that tells the court you may be an irresponsible parent.
• Insurance – A DUI tells your insurance company you’re a risky driver. Three possibilities for consequences involving insurance are:

1. 1. Cancellation of coverage
   2. Raising of rates
   3. A requirement that you purchase “high-risk” car insurance

• Employment – Your employer has the option to fire you, especially if you are working in a field where reputation is of utmost value or if you drive for work. In the future, you may be looking into gaining a license for a different line of work. A DUI could jeopardize your chances of getting such a license, and it will be more difficult to get into sensitive areas like law, finance, and medicine.
• Travel – You may be prohibited to enter certain countries, even for a simple first-offense misdemeanor. Canada is one of those countries. Even if you have obtained a visa, you may end up being detained and deported.
• Hefty Price Tag – For those who are unaware, a DUI conviction comes with a huge financial cost.

DUI Penalties in Arizona

In Arizona, the blood alcohol concentration limit is 0.08. Anything above this warrants a DUI arrest. For commercial drivers, the limit is even lower at 0.04, and for people under 21, any alcohol detected can cause the driver to be arrested and charged. For first offense standard misdemeanor DUI (BAC below 0.15%):

• Jail term of 1 to 10 days
• Suspension of license: 90 – 360 days
• Approximately $1500 in files, surcharges and assessments

Second offense standard misdemeanor DUI (BAC below 0.15%):

• Jail term: 30 to 90 days
• Suspension of license: 1 year
• Approximately $3500 in fines, surcharges and assessments

Third offense:

• At least four months in prison
• License revocation: 1 year
• Approximately $4700 in fines, surcharges and assessments

Robert A. Dodell Law Office If you are arrested for DUI in Arizona and don’t know the best steps to take, call Robert. He is an experienced criminal defense attorney in the State of Arizona. He will fight for your rights with an aggressive legal defense.

Unexpected Ways a DUI Can Impact Your Life was first published on robert a dodell, azcrimlaw.com Robert A. Dodell, Attorney at Law

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m