McIntosh, FL DUI Law Firms & Lawyers

A DUI cannot be expunged from your record and will stay on your permanent criminal record for ever. Unfortunately the reason for driving is not an element of the charge. The charge of DUI involves (1) driving on the roads of this state (2) consumed alcohol or controlled substances (3) normal faculties impaired or BAC >.08.  The reason for driving is not an element of the charge, nor is it a defense. If your friend was being harassed, she could have called the police, a taxi, or a friend to pick her up.  While the above may not be what you wanted to hear, it is the law. I believe in telling it like it is.

You will most likely not be able to get a DUI arrest dismissed, but there are several options for you to consider. First, you can take the case to trial, either with a jury or just a judge (a bench trial).  The State must prove your guilt beyond all reasonable doubt, and you don't have to prove anything or testify.  Second, you can ask the State Attorney to reduce the charges to reckless driving. This normally requires that you have a lawyer review the case and send a written request to the state outlining the reasons why the charge should be reduced. Third you can enter a plea agreement for a minimum mandatory disposition on the DUI charge. As for getting the State Attorney to simply say never mind and drop the charge, this will probably not happen.  The state can prosecute the case without a breath test and without field sobriety tests. They can rely on the police officers observations regarding your condition, if your eyes were red and glassy, your breath smelled of alcohol, you had poor balance, you slurred your speech, etc.  In some cases, a breath test or field sobriety tests could actually help you prove that you were not impaired. In your case, you don't have these pieces of evidence and the state will rely solely on the officers opinion.  You can be convicted based upon the opinion evidence of the officer.