In Pennsylvania, a driving under the influence (DUI) conviction can stay on your criminal record and driving history permanently. However, whether a DUI becomes a permanent part of your record depends on the outcome of your case.
A drunk driving conviction can have lasting consequences, but working with a DUI lawyer may help you pursue options to avoid a conviction or reduce the charges, depending on the circumstances of your case.
Who Can See a Pennsylvania DUI Conviction?
Since your conviction is a matter of public record, it will be reflected in your criminal background, as well as your insurance and driver’s license history.
If you receive a DUI conviction in Pennsylvania that results in suspension of your driving privileges or other reportable licensing action, the state will update your record in the National Highway Traffic Safety Administration’s (NHTSA) National Driver Register (NDR).
Financial reporting agencies generally do not receive notification of DUI convictions for inclusion in your credit history. However, any time a potential employer, landlord, car rental agency, or insurance company requests a background check or driving record, it may see the details of your conviction.
Why the Difference Between Charges and a Conviction Matters
Being charged with DUI does not automatically mean you will be convicted. A DUI charge is a formal accusation that you violated Pennsylvania law. A conviction occurs only if you plead guilty or are found guilty by the court.
Understanding the difference is important because the outcome of your case can affect your criminal record and driving history. Depending on the circumstances, a DUI attorney may be able to challenge the evidence, negotiate a favorable resolution, or pursue another legal option to help you avoid a conviction.
How Does Having a DUI Conviction on My Record Affect Me?
A DUI conviction on your record can raise a red flag in many important circumstances.
Employment and Professional Licensing
Potential employers commonly require a background check as a condition of employment. Many companies choose not to hire employees who have been convicted of driving under the influence, especially those that contract with the government, interact with children, or allow employees to drive company vehicles. Obtaining professional licensure, such as a real estate license, may also be more difficult with a DUI on your record.
Housing and Rental Applications
Most property managers and landlords also request credit and criminal history before agreeing to rent a home or apartment. Any conviction on your record may be grounds to deny your rental application.
Auto Insurance Rates
A DUI conviction will also likely prevent you from obtaining affordable car insurance. Insurance companies often charge significantly higher premiums for drivers with a DUI conviction. Even your first and only Pennsylvania DUI conviction can continue to haunt you, personally and financially, for a lifetime.
Can I Expunge My Pennsylvania DUI Charges?
Yes, under limited circumstances.
Pennsylvania’s ARD Program
You can have your DUI charges expunged if you entered and successfully completed Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program. You must apply to be accepted into the ARD program, and if you successfully complete it, your DUI charges are dismissed. Thus, successful completion of ARD does not result in a conviction.
The ARD program may require that you complete a substance abuse program, perform community service, and make restitution to victims, if applicable. While in the program, you will be under supervision by the ARD department in the county wherein the DUI occurred. Every county’s ARD program has its own requirements and procedures.
Dismissed DUI Charges
You can, of course, expunge DUI charges that were dismissed before or after a bench or jury trial. If the charges against you are dismissed, you may be eligible to petition the court for an expungement of the criminal record related to those charges. An expungement removes the record of the dismissed charges from public access, allowing you to move forward without the dismissed case appearing on most criminal background checks.
Limited Access Relief
Under 18 Pa. C.S.A. § 9122.1, certain DUI convictions may be eligible for limited access. Limited access does not expunge or erase a DUI conviction. Instead, it limits public access to the conviction while allowing law enforcement and other authorized government agencies to access the record.
How Do I Obtain a DUI Expungement?
If you are eligible for a Pennsylvania DUI expungement, you must meet all the requirements established in 18 Pa. C.S.A. § 9122, which may include:
- Successful completion of the ARD program, if applicable
- Dismissal of the DUI charges before or after a bench or jury trial
- Satisfaction of any statutory waiting periods or other legal requirements that apply to your case
- Compliance with all court-ordered conditions, if required
- Filing the appropriate petition with the court and obtaining court approval
However, you have no guarantee that the court will grant your request. Our team can work with you to get your DUI expunged in an expedited and professional manner.
Can I Go to Another State to Get a Clean Driver’s License?
Decades ago, this may have been possible. Today, however, every state participates in the NDR. When you apply for a license in another state, that state’s motor vehicles department will consult this national database to determine your status and history in other states. Any prior history of license revocation, suspension, cancellation, or denial will come up, as will your current eligibility for holding a driver’s license.
Consequently, no matter where you go in the U.S., you will not be able to obtain a clean driver’s license.
How Can I Avoid Having a DUI on My Record?
The best way to keep your driving record and criminal background clean is to avoid a DUI conviction. The easiest way to accomplish this is to not drive while you are under the influence of alcohol or drugs.
However, because everyone makes mistakes, you may find yourself facing DUI charges. Being charged with DUI in Pennsylvania does not guarantee a conviction or a permanent mark on your record.
This is not a battle you should try to fight on your own. A DUI attorney understands the complex nature of these charges and, if a successful defense is available, your criminal defense lawyer can mount a strong case on your behalf.
How Can a DUI Lawyer Help Me Avoid a Conviction?
If you have been charged with DUI, hiring a lawyer as early as possible may improve your chances of protecting your record. Every case is different, and the legal options available will depend on the facts and circumstances surrounding your arrest. A DUI lawyer can:
- Review whether the traffic stop was lawful
- Examine the evidence gathered by law enforcement
- Challenge the accuracy or admissibility of breath or blood test results, when appropriate
- Determine whether your constitutional rights were violated
- Negotiate with the prosecution for reduced charges or other favorable resolutions, when appropriate
- Represent you throughout court proceedings and advocate on your behalf
While no attorney can guarantee a particular outcome, having legal representation can help you make better choices to avoid a DUI conviction or minimize the long-term consequences of a DUI charge.
What Evidence May Be Used in My Pennsylvania DUI Case?
The evidence in a Pennsylvania DUI case varies depending on the circumstances of the arrest. A DUI conviction is not based on one piece of evidence alone. Instead, prosecutors may rely on several types of evidence to prove their case.
Evidence in a Pennsylvania DUI case may include:
- The arresting officer’s observations and testimony
- Dashcam or body camera footage
- Field sobriety test results
- Breath or blood test results
- Witness statements
- Police reports and other investigative records
- Photographs or video from the scene
- Evidence of driving behavior, such as speeding, swerving, or other traffic violations
A DUI lawyer can carefully review the evidence to identify weaknesses in the prosecution’s case, determine whether proper procedures were followed, and evaluate whether any evidence should be challenged or excluded.
What Should I Do After a DUI Arrest?
Being arrested for DUI can be overwhelming, but the steps you take afterward may affect the outcome of your case. While every situation is different, taking prompt action can help protect your rights and improve your ability to respond to the charges.
If you are arrested for DUI in Pennsylvania, consider taking the following steps:
- Remain calm and cooperate with law enforcement during the arrest
- Avoid discussing your case with anyone other than your attorney
- Keep copies of any paperwork you receive, including citations, court notices, and information about your driver’s license
- Make note of what happened before, during, and after the traffic stop while the details are still fresh in your mind
- Contact McKenzie Law Firm, P.C. as soon as possible to discuss your legal options and begin preparing your defense
The sooner you understand your rights and the evidence against you, the better prepared you will be to make informed decisions about your case.
Protect Your Future After a Pennsylvania DUI
In Pennsylvania, Attorney David McKenzie of the McKenzie Law Firm, P.C. focuses on DUI defense for clients in Montgomery County, as well as Chester, Bucks, and Delaware County.
Contact our office today at 610-991-7219 to discuss your case and learn more about how long a DUI stays on your record in Pennsylvania.
