Call me confidentially, 24/7 1-888-SHARK-8-1 Español

Blog · November 21, 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.


A:     

Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” href=”http://www.avvo.com/legal-answers/can-i-get-a-dui–charged-against-me-in-arizona–ex-1308307.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/can-i-get-a-dui–charged-against-me-in-arizona–ex-1308307.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Criminal Defense Attorney – Miami, FL

Contributor Level 20

8 lawyers agreed with this answer

Wade J. Skalsky
Wade J. Skalsky
DUI / DWI Attorney – Glendale, CA
Nick Jay Dorsten
Nick Jay Dorsten
DUI / DWI Attorney – Clearwater, FL
Amir A. Ladan
Amir A. Ladan
DUI / DWI Attorney – Orlando, FL
Ethan Patrick Meaney
Ethan Patrick Meaney
DUI / DWI Attorney – Minneapolis, MN
Majid Vasigh
Majid Vasigh
Criminal Defense Attorney – Tampa, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
James C Forslund
James C Forslund
DUI / DWI Attorney – Englewood, CO
Jasen Bodie Nielsen
Jasen Bodie Nielsen
DUI / DWI Attorney – Santa Barbara, CA

” href=”http://www.avvo.com/legal-answers/can-i-get-a-dui–charged-against-me-in-arizona–ex-1308307.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>8

Lawyers agree

1

Helpful votes

This number indicates those (non-lawyer) users who found this answer to be helpful.

” href=”http://www.avvo.com/legal-answers/can-i-get-a-dui–charged-against-me-in-arizona–ex-1308307.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-decoration: none; transition: all 0.3s ease;”>Helpful vote

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 305-798-2220, **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, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Like @ www.facebook.com/haberpa / Follow @ http://habercriminallaw.blogspot.com / Call **ARRESTED / **305DUI

More from the blog

All blog posts →

Request a free case evaluation

It's all about Reasonable Doubt!

#HaberPA has been providing boutique Criminal Defense, DUI, BUI, Domestic Violence, Probation Violation, Seal and Expunge, and Victim Rights Advocacy representation since 1991.

When it comes to "The Four Cs" (i.e. Cops, Criminal Courts and Constitutions) your interests are almost always best served if you choose to "UPx2" (i.e. "Shut-Up" / invoke your 5th Amendment Privilege Against Self-Incrimination and "Lawyer-Up" - invoke your 6th Amendment Right to Counsel) and call #HaberPA, stat!

Call toll free 1-888-SHARK-8-1

Footer Contact Form
Call 1-888-SHARK-8-1 free consultation