Thursday, November 20, 2014

DUI / Driving Under the Influence / Out-Of-State / Conviction / Expunge / Driver License / FL-DMV / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Can I get a DUI, charged against me in Arizona, expunged now that I live in Florida?  I am a native Floridian, but went to AZ for University (Graduated, MA). I have an Arizona license, but I need to get a Florida license ASAP. The DUI occurred in 2005 in Yavapai County (Sedona), AZ. I was found guilty (.083) and sentenced to one day in jail. The normal 30 day jail sentence was not applied (I forget the precise wording used), due to my clean record. (Nothing else criminal whatsoever.)  I am also concerned about insurance rates, even though it occurred 8 years ago. but I need to get a Florida license ASAP.  Since graduation, I now live full-time in FL again.


Michael Adam Haber


Contributor Level 20


Lawyers agree


Answered In Florida you are allowed to seal or expunge one non-disqualifiable FLORIDA arrest in your lifetime. You cannot seal or expunge an out-of-state arrest in Florida, and whether or not you can seal or expunge an out-of-state arrest will be a matter determined by the law of that State (thus, as my colleagues have pointed out, you need to re-post this question in an AZ forum, not Florida). That said, in FL you cannot either seal or expunge a DUI conviction as A) DUI is one of the disqualified offenses in this state and B) convictions of any sort cannot be sealed or expunged.

Still, Florida will allow you to turn in your AZ license in favor of a FL license even with your AZ DUI conviction, but they will require you to provide proof of compliance with your AZ case (i.e. that you are not still suspended and have met all court requirements in AZ), and proof that you successfully completed a 12 hour DUI class (which is substantially similar to the one that FL requires - note that if you cannot prove that FL will almost certainly not issue you a license) and you will be required to pay whatever fees / costs are associated with acquiring your new FL/DL. (Note that they may re-test you as well.)

As for insurance, your guess is as good as mine (that is to say that I cannot tell you what an insurance company will do but I suspect that your correct in being concerned about having to pay premiums on your premiums).

If you call (850) 617-2000 you will get the FL/DL Customer Service Center. Believe it or not those folks are extremely knowledgeable and helpful (provided that you are pleasant and polite and not pushy or demanding) and you will get a much better answer over the phone with them than you are likely to get here on-line.

Either way best of luck!

When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  "Don't do it!  Get a DD (Designated Driver), not a DUI".

Be smart: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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