Can You Expunge or Get a Pardon for Drunk Driving Convictions
My question involves criminal law for the state of: South Dakota
Was arrested for DUI twice within 4 years, no conviction of DUI however the initial arrest states I was arrested for DUI which is inhibiting my military service. I have not shipped out nor sworn in, and according to my recruiter only one DUI can be waived by the national guard, two and I am no longer considered eligible to enlist. Is this true? Is there some way I can have one record expunged/sealed and the national guard would allow me to re-enlist? Can I get a governors pardon and would that allow me to re-enlist? The facts are missing from my initial DUI arrest in 2011, no blood test was listed on my record and that is because my blood test was .079 however I was still charged with reckless driving and the initial arrest was for DUI. The arresting officer was not the officer that pulled me over, the first female trooper PBT'd me at .067, and she was going to let me go, another trooper came to the vehicle and forced me to redo the breathalyzer and I blew .085, none of that was in the police report. Only the .085. Should I fight it? Is it worth it to try and get it wiped? Any answer or help is appreciated.
Re: Expungement and or Governors Pardon
The military is a leaner, meaner machine these days. They can be a lot pickier about who they chose to join. If your recruiter already knows about both DUIs, getting one expunged will not erase that knowledge. It will likely be noted in your personnel file, which will be reviewed if you try and re-enlist.
It may be time to accept the military is not in your future and start considering other fields.
Re: Expungement and or Governors Pardon
You are throwing terms around that make me confused over what you are doing. You can't "re-enlist" if you haven't enlisted the first time. BAC is not the absolute factor in DUI. 0.08 is only the point where you are presumed intoxicated and they don't have to show any additional evidence. It's not a get out of jail free if you're under. PBT's only are useful for probable cause in most places, they're not accurate enough to be used as a absolute indicator.
Were you convicted for either of these or not?
What makes you think there is anything to fight?
Re: Expungement and or Governors Pardon
I did enlist in 2008, 4 and a half years and I decided I wanted back in, I was not convicted for DUI, the charges were dismissed and I was only charged with reckless, however you're the only opposition to fighting this case, if a PBT is not a determining factor for DUI and if BAC isn't a factor in DUI, what is? judgement? because technically they are required to put down the blood test in the records and they did not because it was under, it was their way of covering their tracks and wrongfully arresting me
Re: Expungement and or Governors Pardon
When and under what circumstances did you get out? Were you still "in" when you got the DUI?
Frankly, it would seem pardons/expunction are going to be completely besides the point at this point. The military already knows about your substance abuse and criminal issues. As pointed out, we're once again over strength and have no need to keep the undesirables in the standing services.
Re: Expungement and or Governors Pardon
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was their way of covering their tracks and wrongfully arresting me
it's not wrongful to arrest you for driving drunk even if you are in fact below the prima facie limit of .08, in fact anything above a .05 can be a conviction of the officers observation indicats you were not a safe driver (such as weaving, delayed stopping, etc)
Re: Expungement and or Governors Pardon
.05 is not even a limit. It just takes evidence of intoxication if you are below the per se limit.