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If you have found yourself recently arrested for driving under the influence, contact a professionally trained and knowledgeable Florida DUI Lawyer. A competent attorney will be much more helpful in representing you than you trying to represent yourself in court. They have access to resources and essential evidence you do not have as a citizen and defendant.

A DUI lawyer also has an extensive understanding of how the law works around DUI offenses and has experience in various defense strategies. Capable counsel will be able to better support you against the state prosecution than you would if you were to enter legal proceedings alone.

How Long Does a DUI Stay on Your Record?

The state of Florida treats DUI charges very seriously. This violation will have lasting impacts for potentially years, if not the rest of your life. The truth is that DUI convictions stay on your record permanently and long after you’re done fulfilling your penalties. This specific conviction will remain for 75 years on your driving record and stay for life on your criminal record. If found guilty of a DUI, evidence of this is impossible to expunge or seal from your record.

Ways a Florida DUI Lawyer May Get Your Charges Dismissed

There are, of course, several potential defenses to avoid conviction altogether and, if found guilty, to lessen the punishments you will have to endure. Some common defenses include:

• Lack of probable cause. This defense is based on the law enforcement officer needing a valid reason to have stopped your car, such as you were driving haphazardly or found responsible for a traffic violation. Florida also has DUI checkpoints which do not require probable cause. If the stop was unlawful, any evidence obtained during it is viewed as unusable in court, and no case remains.
• Insufficient field sobriety tests. These can include the officer asking you to perform basic physical or mental tasks, the results of which the officer will determine if intoxication is present. An attorney may argue that the test was administered ineffectively or without proper instruction, for example.
• Challenging chemical tests. Blood and breath tests can be argued to have been given with malfunctioning equipment or results otherwise tainted/invalid.
• Rising BAL (blood/breath alcohol level) defense. This argument is applicable when the defendant was taken into custody while their BAL was within legal limits. It can be surmised that the driver would have reached their destination with a legal BAL.

However, being taken into custody allows for the body’s bloodstream to further process the substances during the elapsed time. This would result in the chemical test having a higher, illegal BAL reading.

• Constitutional rights were violated. In the event your Miranda rights were not read to you by the arresting officer, any statements from you cannot be used as evidence in the prosecution’s case.

How a DUI Conviction Can Affect Your Life in Florida

A DUI offense is very serious and should be treated as such. One event can have effects on your life and future, potentially lasting years or even decades. You might lose your license and face incarceration and vehicle impoundment. Circumstances worsen after any repeated DUI offenses as well.

The most significant consequence may be that if you are found guilty of a DUI, this conviction will permanently mark your record. The fallout from this could be loss of employment or difficulty finding new work, especially if your career involves overseeing the safety of others or if driving is a major component. Your employer could see you as a potential liability.

You may also face prejudice from landlords or car rental companies upon a background check, receive increased rates on car insurance, and even have trouble traveling to some countries.

FAQs

Q: Will a DUI Show up on a Background Check in Florida?

A: Yes. Background checks are commonly done by employers and landlords to verify a sense of security when going into business with someone they don’t know. DUIs are a serious offense, typically treated as a criminal conviction, not just a traffic crime violation. Less pressing traffic crimes like running a red light, rolling through a stop sign, or speeding tickets may disappear from your driving record after some years, but a DUI will not.

Q: How Long Does a DUI Show Up on a Background Check in Florida?

A: Evidence of a DUI on your record can be everlasting. If guilty, it’s a criminal conviction. Unfortunately, the arrest can also simply show up on your background check regardless of whether you were found not guilty since you’re in the system as having gone to trial.

In this instance, you may have your record expunged. It is not guaranteed nor an easy task, however. A qualified DUI attorney is needed for a chance at expungement or, hopefully, no conviction to begin with.

Q: How Do I Remove a DUI from My Record in Florida?

A: You cannot — it is permanent. If charges are dropped before an actual conviction or if the court finds you not guilty after trial, then a DUI conviction will not be noted on your record. However, the arrest might, and in that case, expungement is possible with the help of an attorney.

If you accept a plea bargain, admitting guilt and responsibility, the DUI will remain on your record.

Q: Is There a Statute of Limitations on DUI in Florida?

A: Yes. The first DUI, non-aggravated, has a statute of limitations of one year after the incident date. An aggravated first offense (BAL 0.15% or higher, minor is present, or serious damage/injury) is up to two years, and the same applies to a second DUI.

Three or more DUIs or if serious bodily harm is three years. If there was a fatal accident, potentially DUI manslaughter, the statute of limitations is four years, which is also the same for a first-degree DUI felony, typically hit and runs. If convicted, you have 30 days from sentencing to file an appeal.

Contact Us for Legal Counsel for a DUI Charge

You don’t want to take the risk and face the law alone. Reach out to a competent DUI lawyer at Kevin A. Raudt, P.A., who understands the various laws and how your unique circumstances will be viewed in court.