Orange City, FL DUI Law Firms & Lawyers

A DUI cannot be expunged from your record and will stay on your permanent criminal record for ever. Unfortunately the reason for driving is not an element of the charge. The charge of DUI involves (1) driving on the roads of this state (2) consumed alcohol or controlled substances (3) normal faculties impaired or BAC >.08.  The reason for driving is not an element of the charge, nor is it a defense. If your friend was being harassed, she could have called the police, a taxi, or a friend to pick her up.  While the above may not be what you wanted to hear, it is the law. I believe in telling it like it is.

Unfortunately, it really depends on what county you are in when you get a DUI.  In some counties they offer pre-trial diversion (“PTI”).  After a successful completion of PTI, the charge is dismissed by the state and you can potentially have your record sealed/expunged. Certain counties do not offer the PTI for first time DUI offense (such 12th judicial circuit in and for Sarasota, Manatee, and DeSoto).  In places like the 12th Circuit, a first time DUI conviction is considered a criminal traffic case and carries a Misdemeanor conviction.  A standard 1st time DUI is a Second Degree Misdemeanor. A DUI with property damage/personal injury is considered an enhanced DUI. They both, however, are considered criminal traffic and just because you have the enhancement it does not mean that one is criminal and one isn't (all things being equal and you not being entitled to PTI).  Additionally, if the damage or the personal injury is severe, the DUI can be filed as a Felony (the level is based on the severity of the injury).  In any event, if you plea No Contest or Guilty to a DUI then you will most likely have a criminal record.