If you’ve recently been charged with or convicted of a DUI, you probably have a lot of questions about the long-term consequences. From “how long does a DUI stay on my record?” to “how can I get a DUI off my record?” — the list of questions can go on and on. 

At TJ Grimaldi, Attorney at Law, we know this is a confusing and complicated time, and we’re here to help you navigate through the difficult questions so you know what to expect in your future. 

Below you will find answers to common DUI questions. For specific information about your unique case, please contact our office for your free consultation and speak directly with TJ about the potential impacts of your DUI charge or conviction. 

What Does It Mean to Have a DUI on My “Record”?

People often refer to a singular “record” when talking about charges after a DUI. But, what is a “record”? 

Most commonly, the “record” refers to your criminal record. Charges on your personal criminal record may show up in background checks when you apply for jobs, seek a professional license, or apply for certain types of insurance or loans. 

Another “record” that is affected by a DUI is your driving record. Your driving record impacts how much you pay for auto insurance and whether or not you can get a license. 

How Long Does a DUI Stay on My Record in Florida? 

The answer to the question, “how long does a DUI stay on my record?” varies by state.

Each state has different DUI laws that affect how long a DUI will stay on your criminal record. In some states, a DUI may only stay on your criminal record for ten years, while in other states, it may stay on your record for life. In Florida, the laws are very strict. 

A DUI conviction in Florida stays on your criminal record for 75 years. 

The length of time that a DUI can stay on your driving record also varies by state. It can be on your record as short as five years or as long as your lifetime. 

In Florida, a DUI conviction will also stay on your driving record for 75 years. 

How Does a DUI Impact My Driving Record?

Having a DUI conviction on your driving record in Florida can impact you for years. A DUI conviction can remain on your driving record for 75 years, and the charge can affect whether or not you can obtain or keep a driver’s license. 

A DUI can also impact your insurance rates. Insurance companies typically look at the last three to five years of driving history to determine rates. If a DUI conviction occurred during that time-frame, it is likely that insurance rates will be much higher than if no DUI conviction is on the driving record. A DUI conviction on a driving record could cause insurance rates to go up by $5,000 per year. 

Can I Get a DUI Off My Criminal Record in Florida?

If you have been convicted of a DUI In Florida, the criminal record cannot be removed or expunged. If you were convicted at trial or plead guilty, the charge will stay on your record for up to 75 years.

If you have been arrested or charged with a DUI in Florida, but not convicted, you have options to get the DUI removed from your record. 

This is why it’s important to take your DUI charge seriously from the beginning. 

You may be able to get your records sealed or expunged if you can get the case dismissed or dropped to a lesser charge. You may also be able to participate in a pre-trial diversion program which can prevent a conviction.

In both scenarios, you may be able to avoid having a DUI on your criminal or driving record — but you need to work with a criminal defense attorney to take action before you are convicted. 

Related: What to Expect From a First Offense DUI

Get All Your DUI Questions Answered

If you want a clean criminal and driving record, it is best to get a DUI charge dismissed or have the charges lessened from the start. It’s your best chance of getting a clean record that won’t impact your life for years to come.

If you’ve been charged with or convicted of a DUI, it helps to have someone experienced with the system guide you through it. Rather than look for answers on your own, you can rely on an experienced DUI attorney who can give you straight answers and identify the best plan of action for your case. 

To ensure that you get the best possible outcome after a DUI charge, the team at TJ Grimaldi, Attorney at Law is here to help. If you’re looking for answers, we offer free consultations so we can talk to you about your case and explain how we can help. Don’t go through a DUI charge alone. Contact TJ Grimalid today by calling 813-226-1023 or requesting your free consultation

Being charged with a first offense DUI is scary. Thousands of people in Florida are charged with a DUI each year, and the stakes are high for each and every person. But, while each case and person is unique, there are some standard processes and procedures you can expect for each first-time DUI charge. 

If you were recently charged with a first offense DUI, here are a few things you can expect and how you can plan to get the best possible outcome.  

What Is a First Offense DUI?

DUI stands for “driving under the influence.” It refers to driving a vehicle after consuming too much alcohol, which is defined by a legal limit of a blood alcohol concentration (BAC). The legal BAC limit is .08%, meaning any person driving a vehicle with a BAC of .08% or higher can be charged with driving under the influence. Drivers under 21 may be charged with a DUI with any level of BAC because it is illegal for them to consume alcohol in the first place. A first offense DUI refers to charges against someone who has never been charged with a DUI before.  

It’s important to note that a DUI offense includes more than just driving a vehicle after consuming alcohol. 

A DUI is interchangeable with a DWI. DWI stands for “driving while intoxicated.” This term includes driving while under the influence of any intoxicants that could impair driving. It includes driving while intoxicated by alcohol as well as painkillers, sleep medication, and other street or prescription drugs. You don’t need alcohol involved to get a DUI/DWI. You may also be charged if you are impaired from drugs, prescribed or illegal. 

DUIs aren’t exclusive to driving cars, trucks, and motorcycles. The “driving” part of a DUI is often associated with driving a vehicle. But, a person can also be charged with a DUI for operating a bicycle, a boat (often referred to as a “BWI”), or even a lawnmower. 

You may think a DUI always refers to a situation where someone was driving a car while intoxicated from alcohol, but it is not limited to that situation. It can also refer to a situation where someone was driving a boat while intoxicated from pain killers. 

What’s the Penalty for a First Offense DUI in Florida?

The situation for someone charged with a first offense DUI varies, but there are some standards for how each case will be processed. 

Is a first time DUI a felony or misdemeanor?

A first offense DUI will be classified as a misdemeanor, as long as no one was killed or seriously injured during the event. In that case, the charge may be classified as a felony. 

Will there be jail time? 

For most first offense DUIs, there is no minimum jail time. In Florida, jail time can be up to six months for a first offense. Factors determine if the driver will do jail time and if so, how long the term will last. Individuals convicted of a DUI may receive jail time if: 

  • The driver had a very high BAC
  • There was a passenger under 18
  • Property was damaged during the incident
  • Someone was injured during the incident 

Will I lose my driver’s license or get an IID?

Many first time DUI offenders will lose their driver’s license for some time. In Florida, license suspensions can last for 180 days to one year for a first offense DUI

An ignition interlock device (IID) requires a driver to blow into an alcohol sensor before starting the car to prove that they don’t have alcohol in their system. Typically, first offenders won’t get an IID unless the details of their case are severe. 

How much will I need to pay in fines? 

First offense DUIs almost always involve fines. Factors unique to the situation may cause fines to increase. In Florida, violators can expect to pay around $500-$1,000 in fines.

Will my car insurance go up? 

DUIs are reported to insurers, and it is likely that the insurance company will increase rates if an individual is charged with a first offense DUI. 

Reduce the Impact of a First Offense DUI 

As soon as you are charged with a DUI, talk to a criminal defense attorney about your options to see how they can help reduce the charges and penalties and/or help you clear your record. 

If you believe that you have been unfairly or unjustly charged with a DUI, you can fight it. You may be able to get your case dismissed if you can prove: 

  • Faulty breath or blood testing 
  • That a medical condition or mouth alcohol contaminated results  
  • Police misconduct or that there was no probable cause for the stop 

If you were justly convicted of a first offense DUI, it doesn’t mean you will have a DUI following you around forever. There are steps you can take to clear your record. Talk to your attorney about programs that can reduce the impact of your DUI for the short and long term.

Don’t Go Through a DUI on Your Own

While there are some standard guidelines and procedures involved with every DUI, each DUI case is unique. If you’ve been charged with a first offense DUI, don’t go blindly through the system on your own. Work with an experienced DUI attorney who can make sure your unique situation is handled with care and consideration.

Contact our offices to get a free consultation so we can learn about the specifics of your case and see how we can help you get the fairest outcome possible. Request your free consultation or call us at 813-226-1023 today.