How to Expunge a DUI in Florida

A DUI, or driving under the influence, charge is a serious offense in Florida. Driving under the influence is the same as driving while impaired and can include drunk driving or driving under the influence of drugs. If you are convicted of a DUI charge, you probably wonder how to expunge a DUI in Florida.

What Are the Criteria for a DUI Charge?

In Florida, driving under the influence involves operating a motor vehicle while under the influence of alcohol, chemical substances, or controlled substances. Chemical substances can be medications, while controlled substances are drugs. Sometimes, mixing certain medications, like allergy medications, with alcohol can induce impairment. Impairment is the diminished functioning of normal faculties or having a blood alcohol level (BAL) of .08 percent or above.

What Are the Penalties for a DUI?

Most of the penalties for a DUI involve being levied fines. The fine schedule depends upon how many convictions the offender has as well as the blood alcohol level of the offender. Here are the fines and associated blood alcohol levels per conviction:

• First conviction. Between $500 and $1,000 for BAL of .15 percent or more. If someone under 18 years old was in the motor vehicle, the fine would be $1,000 to $2,000.
• Second conviction. From $1,000 to $2,000 for a BAL was .15 percent or more. If there was a person under 18 years old in the motor vehicle, the fine would be $2,000 to $4,000.
• Third conviction. From $2,000 to $5,000, but the fine would be no less than $4,000 if there was a person under 18 years old in the motor vehicle.
• Fourth conviction. No less than $2,000, and no less than $4,000 if the BAL was .15 percent or more.

The amount of the fine is dependent upon several factors, including the judge’s opinion.

What Are the Consequences for a DUI?

Besides being required to pay fines, those convicted of a DUI may also serve prison time. At the court’s discretion, prison time may be replaced by enrollment in a drug and alcohol treatment program. Because a DUI involves driving while impaired, offenders may be at risk of having their vehicle impounded or their license taken away.

License revocation varies depending upon the number of offenses of the person with the DUI. For the first conviction, you may get your license revoked for 180 days and a maximum of one year. This is only if there is no bodily injury. However, for the fourth conviction, you may face permanent revocation.

If impaired driving is severe, meaning there is a crash involved someone is injured or killed, the consequences are harsher. A DUI crash involving property damage or personal injury is considered a first-degree misdemeanor. Further, repeat offenders can be at risk of being charged with a third-degree felony, as well as those who cause serious bodily injury as a result of driving under the influence. These offenses can result in up to five years imprisonment.

Unfortunately, some offenders who drive under the influence can be convicted of manslaughter or vehicular homicide if someone is killed as a result of their DUI. If you find yourself in this situation, it is vital that you call a qualified lawyer to assist you with your case.

How Can I Get a DUI Expunged From My Record?

A DUI is a serious offense in Florida as it can result in bodily harm or even death of victims involved in accidents resulting from a DUI. If you have been caught driving under the influence, you should hire a lawyer immediately. In Florida, a DUI cannot be expunged from your record, but an experienced lawyer can inform you of other options.

Though you still may have to pay fines, if you are arrested for a DUI charge, you may be released from jail under certain grounds. For one, if you are no longer under the influence and have regained your normal faculties, you may be released. Also, your BAL must fall below 0.05, and eight hours must have passed since the arrest.

FAQs

Can You Get a DUI Expunged From Your Record in Florida?

The short answer is no; you cannot get a DUI expunged from your record in Florida. However, with a competent and experienced lawyer, you may be able to get your charges reduced or avoid conviction. Another option is to try getting your case dismissed entirely. Your lawyer can explain your rights and defend your case.

How Long Does a DUI Stay on Record in Florida?

Each state is different regarding how long a DUI stays on one’s record. In the state of Florida, a DUI stays on the offender’s record for 75 years. For some people, this can be a lifetime. You Should hire a lawyer if you feel you are wrongly accused of driving under the influence.

Do I Need a Lawyer to Expunge My Record in Florida?

In Florida, you are generally unable to get a DUI expunged from your record; however, it is recommended you hire a lawyer to help you with your case. If you are not convicted, your lawyer can help you get your case dismissed, or they may be able to help you get your charges lowered. Lowering your charges may increase the likelihood of having your record expunged.

Does a DUI Show up on a Background Check in Florida?

Yes, a DUI will show up on a background check in Florida because it remains on record for 75 years. If you are imprisoned for your DUI, which is at the judge’s discretion, the chances are higher that it will show up on a background check. You should consult a lawyer about whether your DUI has a likelihood of showing up on a background check.

Being charged with a DUI is a serious offense in Florida and can be even more severe if someone is hurt. Because driving under the influence can be fatal, it is taken seriously in Florida.

Contact the Law Office of Donald P. Day

At the Law Office of Donald P. Day, our experienced lawyers can help you with your conviction. If you believe you are wrongly accused of a DUI or were unfairly charged, contact our offices today for a consultation.