DUI FAQs
The officer took my license. Can I get a hardship driving permit while my case is pending?
Generally, yes, as long as you follow the procedures set by the Department of Highway Safety and Motor Vehicles. Importantly, you have only 10 days from the date of your arrest to request a hearing. If you make an office appointment with me within time,
I will assist you in processing your application for this hearing for no attorney fee. (Please note, however, that the DHSMV hearing office will require a $25.00 fee to accept your application.)
What are the penalties if I plead guilty or no contest to DUI?
For a first DUI conviction, you must pay a fine (at least $500.00) and court costs, suffer a license revocation (at least six months with the ability, in most cases, to get a hardship permit after a period of time), perform 50 community service hours, attend a MADD Victim Impact Panel, attend a 12-hour DUI program, and have the vehicle you were driving immobilized for ten days. The Court must enter a conviction on your record as well.
If your breath- or blood-alcohol level was 0.15 or higher, the minimum fine for a first conviction is $1,000.00, and you are required to place an ignition interlock device on your vehicle for at least 6 months.
Will I get jail time if convicted?
In general, first-time DUI offenders with no (or only minor) criminal history, and who have not injured other people, do not get jail time in Alachua County.
If I am convicted of DUI, can I get my record sealed or expunged?
No. If convicted of DUI, you cannot have your arrest record sealed or expunged.
Are there other options beside going to trial or pleading guilty to DUI?
It depends on your case. If you hire me, I will investigate your case and determine what weaknesses exist that could lead to a dismissal of the DUI, or to the state offering you a plea to a lesser charge such as Reckless Driving. If you are allowed to plead no contest to Reckless Driving, and the Court withholds the conviction and you have no other qualifying convictions, your DUI arrest may be sealed from your record through a separate civil proceeding.
I am a student at the University of Florida. Will I be suspended or expelled from school?
On-campus DUI is a violation of the Student Conduct Code. Should the University become aware of your arrest, you will be referred to Student Conduct and Conflict Resolution for a determination of whether the violation occurred and, if so, the appropriate sanction. Sanctions for a first misdemeanor DUI generally include either conduct probation, deferred suspension or suspension. I will take the time to counsel and advise you through this problem.
