Criminal Record Sentence Enhancement in DUI Cases
Because of the ongoing War on Crime, which has already lasted more than a generation, about a third of Americans have a criminal record. That’s roughly the same proportion of Americans who have a college diploma. In either a trial or a plea bargain case, a prior criminal record could significantly affect a DUI sentence, especially if that criminal record meets certain criteria. More on that below.
Virginia has expungement laws that erase criminal convictions off permanent records. But expungement is difficult to obtain. Record sealing is more widely available, but courts and prosecutors can view sealed records. Fortunately, a Leesburg criminal defense lawyer has some alternative strategies available. These strategies help ensure that defendants don’t keep paying for crimes they may have committed in the distant past.
Guilt vs. Sentencing
Before we dive into these strategies, let’s touch on an important preliminary matter, which is the usability of prior criminal convictions in current DUI cases.
Prior criminal records are usually inadmissible for guilt/innocence purposes. A factfinder (judge or jury) must determine guilt or innocence based on the facts in a particular case. If a defendant is a “bad person” or has done bad things in the past, those things don’t matter.
A Leesburg criminal defense lawyer can use this rule (the relevancy rule) to exclude other evidence as well. The judge usually sustains such objections if the prejudicial effect of the evidence outweighs its probative value.
If Joe saw Adam get drunk at a party the day before his DUI arrest, that evidence is marginally relevant to Adam’s DUI, but that evidence is excessively prejudicial.
However, these convictions are usually relevant for sentencing purposes, both at trial and during plea bargaining, as mentioned above.
Special rules apply to prior DUIs in current DUI cases. Usually, a court may use any DUI conviction in the last ten years to enhance a current DUI charge (e.g. first-time DUI to second-time DUI). After ten years, the conviction is relevant for sentence enhancement purposes only.
Prior convictions are admissible for sentencing purposes under the theory that recidivist defendants didn’t “learn their lesson” the first time. Therefore, the court must send a stronger message this time, at least according to this theory.
Defusing Criminal Record Bombs
Technical and practical issues could limit, or even eliminate, the effect a prior conviction has on a current DUI sentence.
Sentence enhancement DUI prior convictions must normally meet certain technical requirements. Usually, the state must produce a certified copy of the prior conviction.
This requirement is usually easy to meet if the prior DUI was in Loudon County or another nearby jurisdiction. However, it’s difficult to meet in other cases, especially if the prior DUI was in another state. Usually, court clerks in faraway jurisdictions are in no hurry to comply with out-of-state records requests.
On a related note, many DUIs are not DUIs. Many states have OUI (operating under the influence) or similar laws. OUI is usually a step below DUI.
To defuse a criminal record bomb, a Leesburg criminal defense lawyer often weaves a before-and-after tale. Drug-related offenses are a good example. If Ramon’s drug problem contributed to a prior aggravated assault and he successfully got treatment for that addiction, the prior aggravated assault has less impact. Everyone loves a good comeback story.
Reach Out to a Thorough Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.
Source:
brennancenter.org/our-work/analysis-opinion/just-facts-many-americans-have-criminal-records-college-diplomas
