Christopher Combs and Steven Waterkotte of Combs Waterkotte discuss if a DWI or DUI can be expunged from your criminal record.
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Interview Transcript
Scott Michael Dunn: Can a DUI be expunged?
Steve Waterkotte: It can. Very specific – in fact DWI has its own expungement separate and apart from other crimes – there’s specific criteria that must be met. When someone calls our office, we do a screening to make sure that person qualifies for an expungement.
The number one rule in determining whether or not somebody is eligible, it’s got to be 10 years old from disposition, meaning the plea of guilty and probation. Ten years old, and one and only one offense.
We get calls, someone says, “Hey, I have three,” and they’re trying to hurry up before the fourth one is filed. That cannot be expunged.
So again, the general rule is one offense ten years old.
Scott Michael Dunn: Are there different penalties for first time offenders and repeat offenders?
Chris Combs: Yes there are varying degrees of penalties. A first offense DWI is a B misdemeanor. A second becomes an A [misdemeanor] – again, it depends on the time between them, but typically.
Then by your third, you’re in felony territory. You’re looking at an E felony, and then fourth, a D [felony] . So it goes from persistent to a D, which is aggravated, to a C [felony], which is chronic, to a B felony, which is habitual, which is only second to an A [felony].
So, yes, the varying ranges of punishment, fines, court costs, ramifications on your driver’s license vary dramatically between a first offense and say a fourth offense.
Scott Michael Dunn: And they rise dramatically?
Steve Waterkotte: Yes. And ass you go up –
Chris Combs: Mandatory shock time.
Steve Waterkotte: Correct. That’s exactly what I was gonna say. Mandatory jail time on some of these.
Chris Combs: They’re not negotiable. It’s by statute: Must serve 30 days.
Sometimes in lieu you can do 240 hours between service, et cetera, but there becomes mandatory prison time and/or treatment within the prison system, Missouri Department of Corrections.
If you need Missouri’s leading criminal defense team to defend your rights and freedom, speak to a criminal defense and DWI/DUI attorney today at (314) 900-HELP or contact us online for a free case review.
