Have you been arrested for driving under the influence (DUI)? Do not wait another minute to get the exceptional defense that you need to avoid a conviction or an overly harsh sentence. Let us help you.
Don’t Wait to Retain Us
We Can Help You Clean Up Your Criminal Record
General Overview – DUI
DUI, or driving under the influence, happens when someone drives or operates a motor vehicle with blood levels of alcohol or “Blood Alcohol Content” (BAC) over a limit set by law. A person could have a high BAC because of alcohol, chemical substances, or controlled substances.
DUI is a criminal offense in Florida. Depending on the circumstances, a DUI can be a misdemeanor offense or a felony offense. Keep in mind that you may not have to actually drive a vehicle while under the influence of drugs or alcohol to be convicted of DUI. In Florida, a BAC measurement over 0.08% would be enough for police to arrest you. The police would not have to prove that your driving was impaired or that you were under the influence of alcohol or some other substance. According to the Florida Department of Highway Safety and Motor Vehicles, punishments for DUI in Florida include the following: paying a fine; community service; probation; impoundment or immobilization of your vehicle; and prison time.
Arrest Record Sealing vs. Expungement in Florida
Record sealing and expungement are two different things. If you were arrested under charges of DUI, plead guilty or no contest to the charges, or were found guilty after a trial and adjudication was withheld, you may be eligible to apply for sealing. If your DUI charges were either dismissed by the Judge or dropped by the State and did not proceed to trial, you can apply for expungement. By getting your record sealed, the public will not have access to this record.
Also, if someone asked if you have been arrested, you can answer “NO”. Some government agencies or agencies related to the government will have access to a criminal history record that has been sealed. When a criminal history record has been expunged, those agencies with access to the expunged record need to obtain a signed court order to gain access to the record. Without a signed order they will only see a statement describing that a criminal history record has been expunged. A DUI conviction cannot be sealed or expunged. A “ Back on Track” successful completion (withhold of adjudication on a reckless driving) can be sealed, but not expunged. Only a full dismissal or a not-guilty verdict can be expunged.