Placida, FL DUI Law Firms & Lawyers

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.

There is no yes/no answer. It depends on the state and whether or not they have filed a Governor's Warrant. If they filed a warrant then you may be picked up by Florida police agency and held for a maximum of thirty days; Foreign state is notified and that state is responsible for transportation. If they decline to pick you up after notice then Florida will release you.

Unfortunately DUI convictions cannot be sealed or expunged. That is becasue the person convicted receives an Adjudication of guilt. Unlike many other charges where a person can receive a withhold of Adjudication, the statute in Florida does not allow it. Also, anytime you have been Adjudicated on any offense, you are ineligible to expunge anything else, so the other charges cannot be sealed either.