how can a lawyer remove jail time from a dui in florida

Under Florida law, DUI convictions cannot be expunged, but when applicable to expunge or seal a DUI arrest you must first submit an application to the Florida Department of Law Enforcement. You will need a certified form of disposition from either the court that processed your case or the law enforcement agency that handled your arrest.

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How do I get a DUI off my record in Florida?

May 20, 2020 · Although hiring a DUI lawyer will not guarantee no jail time, a skilled and experienced legal representation can help lower your chances of serving time and any other consequences you may face. Their efforts may land you alternative sentences, such as serving community service time or completing an alcohol rehabilitation program.

How can a Florida DUI attorney help you?

First time DUI offenders need a Florida DUI lawyer who will step in to help them participate in Florida’s DUI Diversion program. Successful completion of the program will get your case dismissed and ultimately expunge the case from your criminal record forever.

What are the penalties for a DUI in Florida?

In addition to the stated penalties, a first-offense DUI requires one year of probation, 50 hours of community service, and a ten-day vehicle impoundment. If the driver had a minor passenger or a BAC of .15% or more, the judge can order up to nine months in jail and a fine of $1,000 to $2,000. Second offense.

How long do you go to jail for a DUI?

Is there mandatory jail time for DUI in Florida?

There's no mandatory minimum jail time for most first-offense DUIs. The maximum possible sentence depends on the circumstances of the case. Here are the maximum jail terms for first-offense DUIs involving the following circumstances: six months for a standard DUI.

How long does it take to expunge a DUI in Florida?

You must also serve a copy on the State Attorney's Office. Generally, the certificate you receive from the Florida Department of Law Enforcement must be filed within six months of issuance. Typically, this takes about a month to process.Jan 29, 2019

How do you get a DUI dismissed in Florida?

Just as charges can be reduced, they can also be dismissed as well. This can happen because of any number of reasons including lack of evidence, faulty breath test readings or even procedural errors that led to a violation of a person's civil rights.Apr 30, 2015

Do first time DUI offenders go to jail in Florida?

Criminal Penalties You May Face for a First-Time DUI Conviction. A conviction for a first-time DUI offense in the state of Florida could cost you as much as $1,000, up to six months in jail, the possibility of losing your driver's licenses for up to six months, and fifty hours of community service.Mar 21, 2018

How long can a DUI case stay open in Florida?

two years for a DUI-related offense charged as a first degree misdemeanor; three years for a DUI-related offense charged as a third degree or second degree felony; four years for a DUI-related offenses charged as a first degree or second degree felony; or.Nov 9, 2018

How long does a DUI stay on your DMV record in Florida?

75 yearsWhile most states keep a DUI on your record for a minimum of ten years, Florida will keep a DUI conviction on your record for 75 years. The Sunshine State will not allow any DUI convictions to be expunged.Sep 9, 2021

Can a judge dismiss a case Florida?

That dismissal may not necessarily be from a judge, rather it's a Nolle Prosse (State's Dismissal). There are certain instances when a judge can throw out a case. Under Florida Rules of Criminal Procedure 3,190(c) there are four different reasons the judge can throw out a case pretrial.

How many DUI cases get dismissed in Florida?

The law in Florida means that a DUI case can remain on a person's record for life, consequently having life-long implications. In Florida, on average, around 30-40% of all driving under the influence cases get reduced to a lesser charge, such as reckless driving.

How do I deal with a DUI in Florida?

Taking Action in Handling Your First DUI in Florida The first step is to contact a criminal defense attorney as soon after your arrest as possible. When you have your consultation, you can discuss the details of your situation, address concerns, and get guidance for making the best legal decisions.Oct 17, 2018

Can you avoid jail time for first DUI?

In many states, you can avoid jail time for a standard first DUI. But if you have prior DUI convictions or the current offense involves certain aggravating factors, the likelihood of spending at least some time in jail goes up.

How much does it cost to get your license back after a DUI in Florida?

How Much Does it Cost to Reinstate Your Driver's License After a DUI in Florida? For a full reinstatement, plan to take the state's required exam. Also, you will owe fees including an administrative fee of $130 and a revocation fee of $75.Aug 9, 2016

How long is probation for DUI in Florida?

12 monthsUnder the law, 12 months of probation is mandatory for a DUI charge. Probation involves reporting monthly to a probation officer.

in Florida, What Are The Consequences of Refusing to Take A Chemical Test After Being Arrested For DUI?

Here are the consequences for refusing chemical testing where an officer has appropriately requested that you do so:Whereas in most states refusal...

in Florida, When Are Police Supposed to Measure Your Bac?

To be convicted of a per se DUI in Florida, the prosecution must prove your BAC was over the legal limit at the time you were driving. But DUI inve...

What’S The Maximum Bac For Underage Drivers in Florida?

In Florida, it’s illegal for underage motorists (under 21 years old) to drive with a BAC of .02% or more. For a first offense, the motorist’s licen...

How Long Will Prior DUI Convictions Remain Relevant For Sentencing Purposes in Florida?

For some purposes—including determining the minimum jail time—a Florida DUI will be considered a second offense if you had a prior DUI conviction w...

Can A DUI Be “pleaded Down” to A "Wet Reckless" in Florida?

If you’re charged with a DUI in Florida, it might be possible to "plea bargain" for a lesser charge. The term “wet reckless” refers to a plea barga...

Are Ignition Interlock Devices (Iids) Required For Convicted DUI Offenders in Florida?

For first-offense DUIs where the driver had a BAC of .08% or more, a judge may, but isn’t require to, order an ignition interlock device (IID) for...

Where Can I Get More Information About Florida DUI Law?

Nolo’s DUI/DWI topic page has lots of useful information about DUI law. However, if you’ve been arrested for or charged with a DUI, it’s always a g...

What are the penalties for DUI in Florida?

Fourth Florida DUI Conviction (or more): 1 Minimum fine of $2000 up to $5000 2 Up to 5 years imprisonment in state prison 3 Up to 5 years’ probation 4 Lifetime driver’s license revocation 5 90 day vehicle impound 6 ignition interlock device 7 Florida DUI school and alcohol treatment 8 Permanent felony conviction on your criminal record 9 Financial restitution if DUI involves an accident, property damage or personal injury 10 Up to 50 hours community service or fee of $10/hour per hour of service

What is the minimum fine for driving with a minor?

Minimum fine of $1000 up to $2000. If your blood alcohol level was 0.15 or more, or you were driving with a minor in the vehicle – minimum fine is $2000, up to $4000.

How long is community service in Florida?

Mandatory 50 hours of community service; in certain cases, the court may order payment of an additional fine of $10 per hour of community service. Probation up to one year. Vehicle will be impounded for 10 days. Driver’s license revoked for not less than six months up to one year.

Is a first offense DUI a misdemeanor?

A conviction of a first offense DUI is a misdemeanor conviction in Florida. The reality is, DUI and DWI charges can be overwhelming, and with good cause. The penalties for even a first time DUI are quite harsh, and a conviction becomes a permanent mark on your criminal record.

Is a DUI a felony in Florida?

Also, any DUI charge involving serious personal injury or death may be charged as a felony DUI. Speak with an experienced Florida attorney at our firm today. Call 855-Kramer-Now (855-572-6376).

How long can you go to jail for a blood alcohol level of 0.08?

Jail Time: If your blood alcohol level was 0.08: Imprisonment from at least 8 hours up to 6 months. If your blood alcohol level was greater than 0.15, or if you were driving under the influence with a minor in the car, maximum jail time is increased to up to nine months.

What is the BAC of a DUI in Florida?

In Florida, a motorist can get a DUI for driving or being in actual physical control of a vehicle while "under the influence" or with a blood alcohol concentration (BAC) of .08% or more. A driver who is deprived of full possession of normal faculties will be considered under the influence.

What is implied consent in Florida?

Florida law requires all drivers lawfully arrested for a DUI to consent to a chemical test of their breath, blood, or urine to determine the presence and amount of alcohol or drugs. This "implied consent" law imposes a one-year license revocation on drivers who refuse testing and an 18-month revocation for any subsequent refusal.

What is the minimum BAC for a driver under 21?

Drivers under the age of 21 are prohibited from having a BAC of .02% or more. A violation is not considered a criminal offense but will result in a six-month license suspension—one year for a second offense. If the BAC was .05% or more, the youth will also have to complete a DUI education program prior to license reinstatement.

How many hours of community service is required for a DUI?

First offense. In addition to the stated penalties, a first-offense DUI requires one year of probation, 50 hours of community service, and a ten-day vehicle impoundment.

Can a DUI be reduced?

DUI offenses involving manslaughter , a BAC of .15%, or prior DUI convictions cannot be plead down, reduced, or dismissed. However, other eligible offenses may be eligible for a DUI diversion or to be plead down to a "wet reckless" charge to avoid certain penalties and repercussions.

How long does a DUI suspension last?

A violation is not considered a criminal offense but will result in a six-month license suspension—one year for a second offense. If the BAC was .05% or more, the youth will also have to complete a DUI education program prior to license reinstatement.

Is a third DUI a felony?

As noted above, a third DUI that occurs within ten years of a prior DUI conviction can be charged as a felony. However, a fourth or subsequent DUI is a felony regardless of when the priors occurred. Also, DUIs that result in serious bodily injury or the death of another person are considered felony offenses.