QUESTION
Can this DUI be dropped from her record? Would she have to name names ? Is there any legal precedence? Is the DUI actually hidden?
Asked on May 23rd, 2013 on DUI/DWI - Florida
More details to this question:
I just heard from a friend of mine who got a DUI. She said, and I know this is hear say but I believe her, that she was at a party and was being harassed and actually being touched inappropriately. She had already called a friend to give her a ride home. She was going to leave her mom's car where it was and get a ride out of there and decided she needed to leave sooner that the ride got there. She was impaired, for sure, and left the party driving drunk. She admits to the crime. and is willing to pay the penalties. Court date happened yesterday. She lost her driving privileges for 6 months, got 1 year probation, she has to do months of counseling at a total cost of over $1500 plus pay for the premium insurance when she does drive again. She is willing to pay for her mistake..
1 ANSWER
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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.
Answered on May 23rd, 2013 at 11:05 AM