QUESTION

Is a first time dui offense give you a criminal record?

Asked on Oct 13th, 2014 on DUI/DWI - Florida
More details to this question:
I looked up my dui on a website and it indicated that it was criminal because there was some property damage.
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1 ANSWER

Michael H. Fayard
Unfortunately, it really depends on what county you are in when you get a DUI.  In some counties they offer pre-trial diversion (“PTI”).  After a successful completion of PTI, the charge is dismissed by the state and you can potentially have your record sealed/expunged. Certain counties do not offer the PTI for first time DUI offense (such 12th judicial circuit in and for Sarasota, Manatee, and DeSoto).  In places like the 12th Circuit, a first time DUI conviction is considered a criminal traffic case and carries a Misdemeanor conviction.  A standard 1st time DUI is a Second Degree Misdemeanor. A DUI with property damage/personal injury is considered an enhanced DUI. They both, however, are considered criminal traffic and just because you have the enhancement it does not mean that one is criminal and one isn't (all things being equal and you not being entitled to PTI).  Additionally, if the damage or the personal injury is severe, the DUI can be filed as a Felony (the level is based on the severity of the injury).  In any event, if you plea No Contest or Guilty to a DUI then you will most likely have a criminal record. 
Answered on Oct 14th, 2014 at 9:54 AM

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