There are consequences for having a driving under the influence (DUI) conviction or a driving while impaired conviction (DWI) on your criminal record – even after you have served your sentence, paid your fine, and complied with any license suspension requirement. Ideally, expunging your DUI/DWI would eliminate these consequences. However, Maryland generally does not permit DUI or DWI expungements.
The consequences of a DWI/DUI after you’ve served your sentence
In Maryland, the consequences for a DUI/DWI conviction include the following:
- Enhanced penalties for second and subsequent offenses: If you’re convicted of another drunk driving offense or multiple drunken driving offenses, your prior DUI/DWI conviction will be used to increase your sentence, your fines, and the length of time your driver’s license is suspended. Subsequent DUI/DWI offenders must install an ignition interlock device (IID) to be eligible to drive.
- Difficulty finding employment driving a vehicle: If you drive for a living (you’re a commercial truck driver, a bus driver, or an Uber or Lyft driver), a prior DUI or DWI may disqualify you for employment even if you have served your time and your license has been renewed.
- Difficulty obtaining vehicle insurance: A DUI or DWI will mean that points will be assessed against your driving record which may make it difficult to find an insurance carrier that will provide the state-required minimum liability insurance you need to drive.
- Your criminal record could be disclosed when background checks are conducted: You will also have to answer honestly if you are asked whether you have a criminal record (including a DUI/DWI offense). This means:
- Potential employers (all employers, not just commercial driving companies) can see that you have a criminal record. They may not interview for a job. You may be completely ineligible for some jobs such as those that require security clearances. Obtaining a professional license may be challenging.
- Landlords may see your DUI/DWI conviction. They may not consider your rental application if you have a criminal record.
- Credit companies, mortgage companies, and lenders may not offer credit or loans because they may see your criminal record when you apply.
- You may have difficulty obtaining a firearm permit or license.
- You may even be ineligible for some government services.
What does an expungement mean?
You’ve likely heard the term expungement but aren’t sure what it means. Expungement is the legal process of formally requesting that a court remove a criminal conviction or other court information (such as arrests) from the view of the public.
Maryland defines expungement as:
The effective removal of police and court records from public inspection:
(1) by obliteration; or
(2) by removal to a separate secure area to which the public and other persons having no legitimate reason for being there are denied access; or
(3) if effective access to a record can be obtained only by reference to other records, by the expungement of the other records or the part of them providing the access.
You are not eligible for an expungement in Maryland:
- Unless every charge in your case is eligible for expungement.
- You are currently a defendant in a criminal case. You may be eligible if there is a not guilty verdict, dismissal or nolle prosequi.
- If you received a PBJ and were convicted of a new offense within three years, you are not eligible.
- “You were convicted or received a PBJ for Driving While Intoxicated or Driving While Under the Influence.”
- You seek to expunge minor traffic charges. Only the Motor Vehicle Administration (MVA) can expunge minor traffic charges.
You must complete your sentence including any supervision. The court may deny your expungement request if there is any outstanding restitution.
The time limits for filing for expungement, if you are otherwise eligible, include:
- Misdemeanor convictions: You have to wait 5 years before you request an expungement
- Certain felony convictions, assault in the second degree, and common law battery: You can request an expungement after 7 years.
- First or second-degree burglary and felony theft: You need to wait 10 years before you can file.
- Domestic-related convictions: You need to wait 15 years.
- The crimes for which you were charged is no longer a crime: Some Maryland marijuana crimes may fall into this category. Recreational marijuana, under certain conditions, became legal in Maryland on January 1, 2023.
Are there any circumstances where my DUI/DWI arrest or conviction can be removed in Maryland?
The primary way to avoid a DUI/DWI conviction is to have the charges dismissed, obtain an acquittal, or have the charges reduced to a less serious offense (which is eligible for expungement or which doesn’t carry the serious consequences discussed above – such as a minor traffic offense). Another way to protect your criminal record (for a DUI or DWI arrest) is to obtain a nolle prosequi decision. One more way that can help a defendant avoid a public review of their arrest for a DUI or a DWI is to transfer the case to the Maryland Juvenile Court (for minors under age 18 who drive).
Since a DUI or DWI conviction cannot be expunged, the best strategy is to hire an experienced Annapolis DUI defense lawyer.
At Drew Cochran, Attorney at Law, our Annapolis and Ellicott City criminal defense lawyer has helped many DUI and DWI defendants obtain dismissals, acquittals, and plea bargains. He’ll fight to suppress breath and chemical tests. He’ll challenge the right of the police to stop you and the validity of any field sobriety tests. To schedule a consultation with an experienced DUI and DWI lawyer, please call me or fill out my contact form to schedule a consultation.
And remember: Keep Calm – and Call Drew.
