Valparaiso, FL DUI Law Firms & Lawyers

Unfortunately DUI convictions cannot be sealed or expunged. That is becasue the person convicted receives an Adjudication of guilt. Unlike many other charges where a person can receive a withhold of Adjudication, the statute in Florida does not allow it. Also, anytime you have been Adjudicated on any offense, you are ineligible to expunge anything else, so the other charges cannot be sealed either.

The video in the intox room is intended to prove that the breath test was administered according to the established rules and procedures. For example, was there a 20 minute observation period?, were you offered a breath test?, did you refuse the breath test?. Anything you may have said in the form of admissions could be used against you.  Miranda applies to interrogation, questions such as "have you been drinking?", how many drinks have you had?", etc.  The video in the intox room may have admissible evidence recorded.  A lawyer could file a motion to suppress evidence if you were being questioned and not read your Miranda rights. If all that happened is that you were shooting the breeze with the officer, probably not any interrogation taking place and as such no need to read Miranda, and nothing harmful on the video. The case law says that you don't need to be read Miranda before taking a breath test because it is not interrogation,  and your are not entitled to a lawyer when making the decision to take or refuse the breath test.