Attorney
Having a DUI charge (also known as an OUI in Massachusetts) can introduce serious legal problems into someone’s life. It could affect many important aspects of your future, including your finances and your employability. This raises the important question of how long the DUI will stay on the driver’s record.
The answer to this isn’t simple, but having an experienced Worcester County criminal defense attorney can help you through the complexities of the legal system. Find out how Geraghty Law LLC works to defend our clients against some of the most serious driving charges.
DUI and Your Criminal Records
If you are arrested for a DUI, you will have an arrest record (which is not the same as a conviction). But the law limits what employers in Massachusetts can do with this information along with certain types of convictions. In general, employers cannot ask about, keep a record of, or make any employment decisions based on the following:
- Arrests or prosecutions that don’t result in convictions
- A first conviction for charges of drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace
- Misdemeanors for which the end date of incarceration or the conviction date was more than three years ago, as long as there were no subsequent convictions in that three-year period
- Court appearance records that have been sealed
- Anything related to the applicant’s juvenile record, unless they were tried as an adult in Superior Court
However, if you are later convicted of DUI or OUI, it could affect your employment in Worcester County and even result in the loss of your job. This is especially true if driving is an essential part of your job duties and you lose your license. The loss of your license will also make it more difficult to commute to and from work, regardless of whether driving is a part of your work duties.
The Cahill Disposition
If you are currently facing a second DUI or OUI charge, but the previous one was over 10 years ago, you may request a Cahill disposition. Although the second offense will remain on your criminal record in Massachusetts, the Cahill disposition may allow you to reduce your penalties to that of a first offense. You could receive the following punishment:
- One-year probation period
- Court-ordered substance abuse treatment
- Driver’s license suspension of 45 to 90 days
Ask your Worcester County criminal defense attorney if this is an option in your case.
DUI and Your Driving Record
Your driving record is distinct from your criminal records. The Massachusetts Registry of Motor Vehicles (RMV) generally treats arrests for DUI the same way the courts do. The RMV will suspend your driver’s license if you either refuse to take a breathalyzer test or failed one.
As for convictions, these will stay on your driving record for life. Any previous conviction will therefore affect your future charges if you are arrested again for DUI. The DUI conviction also impacts your automobile insurance rates and could affect judicial proceedings in another state if you are subsequently charged with DUI there.
The Importance of a Strong Legal Defense
Considering the impact of a DUI on your Massachusetts criminal and driving records, it is in your interest to seek a committed criminal defense attorney for any charges you face. The Worcester County firm of Geraghty Law LLC is ready to assist you. We can review the allegations against you, contest the state’s evidence, and work for the best possible outcome.
Learn more about why our clients trust Geraghty Law LLC. You can call us or complete our online contact form today to get started.
