De Leon Springs, FL DUI Law Firms & Lawyers

Depending on the facts, the DA may need the cop to testify to prove the DUI. If the case has not been pled or gone to trial, you could go to trial. If the cop refuses to testify, you could win. Sometimes a former cop will appear for trial and other hearings. Sometimes not.

Expunction of a DUI criminal history record is possible if (1) the charge was "nolle prossed" (dropped) by the prosecution (the State) or dismissed by the Court, and if (2) the person seeking expunction has never been convicted of any crime, misdemeanor or felony, or adjudicated to be delinquent as a juvenile of any felony or some misdemeanors, and if (3) the person has never previously been the recipient of a sealed or expunged criminal history record. Interestingly, and in my view very unfairly and in disregard of the basic principles within the criminal justice system, the legislature decided that a person cannot receive the benefit of expunction if he or she goes to trial and is found not guilty.  So, despite the Constitutionally guaranteed entitlements of the presumption of innocence and the right to a trial at which the government, which has made the charge(s), must prove its allegations, an accused individual who opts for a trial, and wins, is not eligible for expunction.   If the person seeking expunction is eligible, as confirmed by the Florida Department of Law Enforcement, he or she could then petition the Court to expunge the record, and the Court would hold a hearing and determine whether the request should be granted.  The Court is not obligated to order expunction even if eligibility exists, but in most jurisdictions a denial would be unusual.

They have up to six years from the date of the offense. If they determine your blood alcohol level from a blood draw, it can take up to a year for the results to come back from the State Police labs. That could be the reason for the delay. I would suggest you be proactive and at least consult with an experienced DUI attorney in your area now.