How Long Does A DUI Stay on Your Record in NC? 2024

If you have been pulled over for a DUI, you may be wondering how serious an offense it is. DUIs are a common offense, and many people do not fully understand their legal rights regarding DUI convictions. An experienced DUI lawyer can help. One question DUI offenders may have is, “How long does a DUI stay on your record in NC?” This is an important question to ask, and the answer can vary depending on the circumstances.

Permanent Record

In standard cases, a DUI conviction will remain on your record permanently for life. Even if you were just arrested but never convicted, the arrest will show on your criminal record. A DUI can count against you for ten years for felony DUIs and seven years for misdemeanor DUIs. Any convictions that happened out of state would also be considered in this look-back period.

One of the most effective ways of keeping a DUI off your permanent record is to get your case dismissed. This can be difficult but possible with qualified legal counsel. An attorney can review your case and determine if there are grounds for dismissal. For example, if the evidence being used against you was obtained improperly, your case may be dismissed. There could also be a lack of probable cause for the police officer who stopped you.

An attorney would know what to look for and what questions to ask to find a way to have your case dismissed. You need an attorney who’s experienced in North Carolina DUI cases.

Expungement

DUI and DWI convictions are excluded from North Carolina’s relevant legislature, meaning they cannot be expunged. The only exception to expungement is if you were arrested but never charged for the offense. You may be able to ask the court to strike the charge from your record.

To have a DUI charge expunged, you must first file a petition with the county clerk where the offense happened. The clerk will provide you with the necessary paperwork. A DUI attorney can help you complete this paperwork and ensure it is submitted appropriately. Filing for expungement is relatively easy. The expungement procedure is more difficult.

The court will review the completed paperwork and send it to the North Carolina State Bureau of Investigations, where they will thoroughly evaluate the expungement eligibility under the law. You may have to take your case to court and obtain permission from a judge. After this, the case returns to the State Bureau for completion. This process can vary in length, but expect it to take at least several months.

FAQs

Q: What Are the Rules for a DUI Charge in North Carolina?

A: The rules for a DUI are that your blood alcohol level should not reach 0.08. Anything 0.08 or higher is considered legally intoxicated. There are different levels of DUIs in North Carolina, ranging from level one to five, with one being the most severe. A level five DUI is punishable by a fine of up to $200 and a minimum of 24 hours in jail. A level one fine is up to $4,000 and a minimum of 30 days in jail.

Q: Do You Lose Your License After a DUI in North Carolina?

A: Yes, you can lose your driver’s license after a DUI in North Carolina. If you refuse to take a breathalyzer or blood alcohol test, which is within your legal right, your license may also be suspended. This suspension is separate from any suspension related to your possible DUI conviction. You could have your license suspended for refusing the tests and also for a DUI conviction.

You should speak with an attorney if your license has been revoked, as they can review the case and provide legal advice.

Q: Does a DUI Come Off Your Record in North Carolina?

A: A DUI stays on your record permanently in North Carolina. The only way to have it removed is through an expungement. Even then, the circumstances that permit expungement are limited. DUIs and DWIs charges are explicitly excluded from the relevant North Carolina legislature. If convicted of a DUI, it will remain on your record permanently. Expungement may only be possible if you were arrested but not convicted. If you have questions about expungement, you should speak with a DUI attorney.

Q: What Evidence Is Needed for a DUI Conviction in North Carolina?

A: There are generally four elements involved in a DUI case that the state must prove. The first one is driving. It must be proven that you were physically operating the motor vehicle while it was in motion. The second is that you were indeed driving a vehicle. Third, it must be proven that you were under the influence or impaired. Finally, it must be proven that your blood alcohol limit at the time was 0.08 or greater.

Q: Could I Still Be Convicted of a DUI Even If My BAC Is Below 0.08?

A: Yes, you may still be charged with a DUI even if your BAC is below 0.08 in North Carolina. You could be arrested and convicted under what is called the appreciable impaired prong. This means that law enforcement can deem you to be appreciably impaired while operating the vehicle. If the state can prove the four elements of driving under the influence, you could be convicted. There are ways to fight against these charges if you have an experienced DUI attorney representing you.

Legal Support When You Need It

DUIs are serious offenses, and it can be very challenging to get them removed from your record if you’ve been convicted. It often requires an experienced legal team to review the situation, explore the available legal options, and determine the right solution. A lawyer gives you the greatest chance of successfully expunging your DUI arrest from your record.

You should speak with the legal team at Edwards Law, PLLC. We have helped countless North Carolina residents with their DUI arrests and convictions. We understand the legal intricacies involved and know how to navigate the North Carolina court system successfully. With our legal support, you can trust that you’re getting the legal advice necessary to be successful. Contact us today to see how we can support you with your case.