The permanent criminal record that a DUI conviction leaves behind might never be cleared. Anyone convicted of DUI in Florida is required to get a formal adjudication of guilt. In Florida, you are not permitted to seal or delete your record once you have been formally convicted of a crime (adjudicated guilty).
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However, depending on how your case turns out, there might be a method to get your record cleaned so you can continue living as normally as you can without this looming shadow over you. So, how to get rid of a DUI permanently? How much it cost and how long it take? let’s find out in this article.
Why is DUI annoying?
Driving under the influence (DUI) is a serious criminal violation. Police will pull you over and request that you take a breathalyzer or field sobriety test if they suspect you are operating a vehicle while under the influence of drugs or alcohol. Even though you have the option to decline the tests, the prosecution may still charge you with DUI based on other material found at the scene, such as police observations and eyewitness testimony. If the matter gets to trial, your reluctance to take a test might also be used against you.
While you may refuse a breathalyzer in some jurisdictions (at the risk of a minor fine), some states have more severe penalties if you decline to provide blood or urine samples when asked to do so at a police station (like suspending your license or impounding your vehicle).
A DUI on your record may result in increased insurance costs, the loss of your license, or restrictions on the kinds of jobs you can apply for (such being an Uber or Lyft driver). It is possible to get a DUI off your record, but it may take a while and depend on a lot of different things.
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DUI Penalties
These are the consequences you may face if you are arrested for driving under the influence in Miami:
First DUI
$500 — $1,000 fine
- Jail time of up to 6 months; 9 months if there were minor children in the car or the blood/breath alcohol level was.15 or higher
- Maximum one-year probation
- 50 hours of community service are required.
- .08 and higher blood/breath alcohol concentrations result in a six-month license suspension.
- refusal to do a breathalyzer, blood test, or urine test results in a one-year license suspension
- Vehicle impoundment for 10 days
Second DUI
- $1,000 — $2,000 fine
- Jail time of up to 9 months; 1 year if there are little children in the vehicle or the BAL is.15 or higher
- Mandatory 10 days in jail if second conviction occurs within five years of first conviction.
- car impoundment for 30 days
- 6 month minimum license suspension
- If convicted within five years of your first DUI offense, your license will be suspended for five years
Third DUI
- $1,000 to $2,000 in fines, or $2,000 to $5,000 in fines if convicted in the next ten years
- if the sentence is longer than ten years, up to one year in jail
- If convicted within ten years, the minimum punishment is thirty days in jail
- DUI with a prior conviction within 10 years is a felony
- ten-year license suspension if found guilty within ten years of a second offense
- DUI offense; after two years, hardship reinstatement may be requested
- if the first conviction occurred within 10 years, a 90-day car impoundment
Fourth DUI
- $2,000 fine (minimum) (minimum)
- As a habitual/violent criminal, up to five years in jail or as specified in Florida Statute 775.084
- Mandatory permanent license cancellation; no reinstatement under any circumstances
As you can see, the consequences of even a first offense of a DUI arrest in Miami may be quite costly and detrimental to your financial situation, freedom, and future. Even for first-time DUI offenders, Florida has some of the harshest DUI laws and penalties in the nation.
In addition, if you are convicted of a DUI in Florida, you may experience some unintended or collateral repercussions, starting with a sharp spike in your auto insurance rates. Making matters worse, a DUI conviction may make it difficult for you to get to work, bar you from applying for certain jobs in the future, affect your ability to get a loan, disqualify you from scholarships, prevent you from getting a professional license, or even result in your termination from your current position. By defending yourself against a DUI charge in Miami, you might be able to prevent all of this.
2 Way How to Get Rid of a DUI
You might be able to get rid your DUI from your record, making it invisible to the public and frequently allowing you to deny it ever happened, depending on your prior criminal history (no prior convictions).
Here is two way how to get rid of a DUI:
- You have the option of having your DUI record sealed OR
- You can have your DUI records expunged
1. Sealing the Records of Your DUI Arrests
When your criminal records for DUI are sealed, the public cannot obtain any information about your arrest or conviction. The physical and digital records of your DUI case are all marked to avoid sharing with the general public.
Upon sealing your criminal record, it becomes private and inaccessible to potential employers, background checks, and public records. It seems as though nothing ever happened.
This also implies that you are not required by law to discuss your criminal history during a job interview. You have the right to contest your DUI arrest, acquittal, conviction, and sealing of your criminal record.
2. Expunging Your DUI Arrest Records
All the records of your DUI arrest will be physically destroyed through the expungement process.
As opposed to record sealing, when your records are still retained by the criminal court system, this is a distinct situation.
Your criminal history is merely rendered inaccessible by sealing it. Expugement completely wipes your record clean.
One copy of your DUI criminal record is nevertheless always kept on file by the law enforcement organization, even after an expungement.
The Different of Sealing vs Expunging
YOu may ask “Why can’t I just expunge my record instead of sealing it?” The criteria for sealing your record may differ slightly from those for expungement, which is why.
Your criminal record for DUI can only be expunged if:
- Despite being detained, you were never charged.
- Your case was dismissed or dropped.
- You were judged to be innocent.
You can only seal your criminal record if you submitted a guilty plea. Then, if your record stays clean after several years, you might be eligible to have it expunged.
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Eligibility of Expunging a DUI
DUIs and the possibility of expungement are significantly influenced by probation. Two of the three main criteria that must be satisfied in order to be eligible for an expungement—and even then, they do not ensure that the conviction will be erased—are covered by this:
- The DUI punishment must have included some sort of probationary period. It is rare that a judge will consider expungement if there was no probation, i.e. if the DUI violation was so terrible that you were sent straight to a state jail as punishment.
- You had to follow all the guidelines for the DUI probation. There is a good probability you won’t be able to erase the DUI from your record if anything occurred that went against the conditions of your probation.
- When you apply for the DUI expungement, you cannot have a criminal case that is currently ongoing against you. A judge is likely to reject your request for expungement if they find that you (or your counsel) are concerned that it may be used against you in the other case as justification.
Submitting a DUI Expunction Petition
There are a few ways to ask for the expungement of a DUI conviction from your criminal record if you (and/or your attorney) decide that you comply with the state’s requirements. A petition that contains an affidavit and a request for relief must be filed, together with notification of your intention to the prosecuting attorney’s office and filing fees (which can range from $100 to $400). The prosecuting attorney’s office must submit an answer and raise objections to your request once they are notified of it.
Even before it is formally approved or rejected, the judge must review the petition itself. Your petition for expungement may need a judge’s approval before it can be presented to a court, depending on the circumstances surrounding the DUI and the sentence you received.
The process ends with the request for a final hearing in front of a judge. If given the chance, you will need to provide evidence as to why your DUI conviction should be vacated. You might be called to testify in court and respond to the judge’s questions, but your attorney will argue your case on your behalf.
Time Required to Expunge DUI
The period of time that must pass between your conviction and your petition to have it expunged varies from one border to another, just like how several states have their own regulations about what types of expungements are permitted. The waiting period may be influenced by the seriousness of the DUI violation and your probation period, but it usually takes at least a year from the date of your conviction for the courts to examine a request to seal your record. The greatest advice on when to file a petition will come from a DUI attorney.
An expungement for a DUI might take up to six weeks to process after the petition is submitted. A misdemeanor DUI can be handled in as little as two weeks, although felonies sometimes take longer. Even when the court approves the expungement of a DUI from your record, you will still have to wait for it to take effect. Only until the court system updates its records will the pertinent DUI records reflect the expungement. A court typically updates its DUI records in about 48 hours, but if any federal agencies (like the FBI) have information about your DUI, it can take months for your expungement to take effect.
Is a DUI Non-Disclosure Legal?
Not being eligible for a DUI expungement need not be the end of your options. It can still be a good idea to see a lawyer with experience in DUI laws and expungements. There may be solutions available to you that have impacts that are similar. For instance, you may apply for DUI non-disclosure, which would shield your criminal history from private organizations (like a potential employer) who would wish to review your background. However, the DUI will continue to appear on your criminal record and will be discovered via a more thorough criminal background search.
DUI non-disclosure petitions are permitted in Texas, however they are only available to first-time offenders. Additionally, you cannot request a non-disclosure of a DUI if a child was in the car you were driving. You will also be disqualified if your blood alcohol level is 0.15% or greater. Other limitations based on relevant state and local regulations apply, and it is unlikely that you will be able to petition for a DUI non-disclosure if the nature of the DUI violation is such that a court waives probation.
If your petition for expungement is successful, the DUI is erased from your record and the conviction is treated as if it never occurred. Depending on the severity of the initial offense and the state where it occurred, a prospective employer or landlord conducting a background check won’t find any evidence of it, and your DUI may never again appear on your record.