Driving under the influence (DUI) arrest records can greatly impact your life and can follow you for the rest of your life. Documents are kept for every type of police activity, whether or not they result in a conviction of any kind. Understanding this is key to protecting your future and allows you to know what might show up on a background check or searching your name on the internet. DUI arrest records in Charleston are subject to specific limitations, but in certain cases, documents may be expunged to clear your name.
Determining what documents may exist in your case, and whether they are expungable, is complicated and case specific. For a consultation about your individual case, seek the services of a qualified DUI defense attorney.
Basic Information about Charleston DUI Arrests
A driving under the influence (DUI) arrest may occur if an individual is intoxicated behind the wheel of a motor vehicle. After a defendant is pulled over, they may be tested on the roadside through field sobriety tests or a roadside breath test. Failures on these tests, or a refusal to consent to one, may result in being detained or arrested. An arrest itself is not a conviction, but the documents created of police activity could be used as incriminating evidence later on in a case against the defendant.
If the defendant is arrested, they will be taken to a police station or another law enforcement facility. At that time, the driver may be asked or required to comply with breath, blood, or urine testing to determine if drugs or alcohol are present in their body. If someone has a blood alcohol concentration (BAC) of 0.08% or higher, they will be charged of a DUI. People can also be charged with DUI under South Carolina law if their BAC is 0.05, 0.06, or 0.07, although the law does say in such cases there is a presumption that person is not under the influence. Regardless, records of each of these steps are taken and preserved by law enforcement along the way.
If someone has questions about how documents in DUI or DUAC arrest works, a Charleston attorney could help explain how they might affect a case.
Does Law Enforcement Keep DUI or DUAC Records and are they Public?
DUI or DUAC records of many different kinds are public and can be searched through various governmental websites such as the South Carolina Courts website. The specific information available may differ based on the defendant’s unique circumstances, but information might include:
- The date of the detainment
- The suspected crime in the arrest
- Personal identifying information
- Conviction or acquittal information
- Disposition and sentencing data
This type of information and much more may be available to the public after an arrest or a conviction. If someone is unsure if their information is public, a skilled attorney in Charleston could look at their DUI or DUAC arrest records to find out.
Expungement of a DUI Arrest Record
DUI charges that lead to a successful conviction may not be expunged. This means that a conviction will not be wiped from the defendant’s record under state law.
The situation is different if the defendant was not convicted of a DUI. Many situations may occur which result in an arrest, but not a conviction. These may include, but are not limited to, the charges were dropped by the solicitor, dismissed by the judge, or the defendant was acquitted of the charge.
In these situations, an expungement of the Charleston DUI or DUAC arrest record and other criminal proceedings may be possible. They do not happen automatically. It requires the defendant to file the request, which a knowledgeable attorney can handle for a defendant in order to clear their record in the right circumstances.
Call an Attorney for Help with DUI Arrest Records in Charleston Now
Your detainment documents can greatly affect your future, even if you are not ultimately convicted. You deserve to know how your particular situation could affect your future and how you could navigate through these legal matters in your favor.
For a consultation on your DUI arrest records in Charleston, reach out to an experienced attorney today.