Can a DUI be Expunged in SC?
You got a DUI. It was humiliating and expensive, but now all your fees and fines have been paid, you’ve finally gotten your license back, and you’re almost finished paying for SR-22 insurance.
It’s all in the past, and you can get minor convictions expunged in South Carolina, right?
Sorry, but a SC DUI conviction will always be on your record.
Why Can’t I Get a DUI in SC Expunged from My Record?
In South Carolina, a DUI (driving under the influence) or DUAC (driving with an unlawful alcohol content) conviction cannot be expunged.
This is one reason that, if you are charged with DUI, you should: 1) Fight the charges; and 2) Call your attorney immediately – your SC DUI attorney may be able to help you beat the charge, and, if you are not convicted, you can have the record of your arrest permanently removed from your record.
Can Other Traffic Offenses be Expunged in SC?
DUI or DUAC in SC cannot be expunged because they are traffic offenses. No convictions for traffic violations in SC can be expunged – this includes:
- Reckless driving;
- Failure to yield the right-of-way;
- Disregarding a traffic signal;
- Driving under suspension;
- Following too closely;
- Driving too fast for conditions;
- Passing a stopped school bus;
- Hit and run;
- Improper parking;
- Driving in improper lane; and
- Unlawful passing.
Paying a Steep Price … Forever
Having any offense stay on your record forever can be frustrating, but a DUI conviction can disrupt your life in a lot of ways.
You may lose your job – especially if your job requires you to drive – and the presence of a DUI on your record could make it hard to find a new job even 10 or 20 years down the road.
There is also a powerful social stigma attached to DUI – you can lose the respect of friends, family, business associates, and others in the community. Also, every time you are pulled over for speeding or have any contact with law enforcement, they will see the DUI conviction on your record…
Call your DUI defense lawyer. Fight the charges. Avoid a conviction if at all possible.
When Is Expungement an Option?
A DUI arrest can be expunged from your record if:
- The charges are dismissed;
- You are found not guilty at trial; or
- The charges are rewritten as reckless driving and referred to pretrial intervention (PTI).
Your SC DUI defense attorney at the Lovely Law Firm will work hard to get your case dismissed before trial so you keep a clean record.
We review all the evidence to make sure the arresting officer properly videotaped the traffic stop, administered any sobriety tests properly, and followed all State Law Enforcement Division (SLED) policy and procedure to the letter.
We will examine the records for the breath test machine the officer used. We will make sure the officer had a legitimate reason to pull you over to begin with. We will independently investigate your case to find any evidence that the state is unaware of or hasn’t told you about.
If problems are found with any of this evidence, your charges could be dismissed before trial or key evidence may be suppressed at the trial.
Can Minor Traffic Violations be Expunged in SC?
No traffic violation convictions can be expunged in SC.
But, minor traffic offenses can be expunged if they are dismissed, if you are acquitted at trial, or if they are referred to the Traffic Education Program (TEP) before conviction.
You are eligible for TEP if:
- The traffic offense you are charged with is punishable by only a fine and the loss of four points or less;
- You have no significant history of traffic violations, in SC or any other state; and
- You have not participated in TEP before.
SC DUI Defense Lawyers in Myrtle Beach and Conway
Your SC DUI defense attorneys at the Lovely Law Firm will work hard to get your case dismissed before trial, find an alternate resolution, or take your case to trial so that you do not end up with a permanent criminal record for drunk driving.
Call us now at (843) 839-4111 or fill out our online form to set up a free consultation and find out how we can help.