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Can My DUI be Expunged?

The short answer is no. One of the requirements to get a record sealed or expunged is that a person has never been adjudicated guilty of any offense. Florida Statute 316.656 requires an adjudication of guilt for any DUI offense. So, even if this is your first ever encounter with the criminal justice system, the conviction is here to stay. That is why it is VITAL to work with the right DUI lawyer.



DUI Lawyer Orlando Orange Osceola


The right DUI lawyer should begin investigating your case and engaging with the State as soon as possible. This cannot be stressed enough and, in my experience, is produces positive outcomes. A thorough and disciplined investigation, in addition to a professional relationship with opposing counsel is the best bet to negotiate either the charge being dropped altogether or to reduce it to a lower charge, such as reckless driving (if the facts and your background support it). It can identify issues with the traffic stop, transitioning from a traffic accident investigation to a DUI investigation, the execution of any field sobriety tests, probable cause for the arrest, the breathalyzer test, and more.


If the charge can’t or won’t be dropped outright, a lower charge, if certain other circumstances are met, may be expunged if adjudication is withheld.


Of course, the right DUI lawyer also uses that thorough and disciplined investigation to prepare for trial. To attack every aspect of the State's case.


Keep in mind that an expungement for a lower offense does not remove the DUI arrest from your driving record. 


If you are looking for a DUI lawyer in Orlando, the right one should address both your criminal case, and the impacts to your driving privilege, along with all the aspects of the constantly evolving law.


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