Is it possible to receive a withhold of adjudication in Florida for a DUI charge?

The answer is no. Florida statute 316.656 specifically states that a judge may NOT withhold adjudication for any violation of Florida statute 316.193 (DUI statute). Therefore, if you take a plea to a DUI charge or are found guilty by a judge or jury for a DUI charge you will be automatically adjudicated guilty (convicted). The judge does not have discretion to withhold adjudication.

If you are found not guilty of DUI after a trial then you can seal the case.

However, if you received a DUI charge which was then reduced to a reckless driving charge you can receive a withhold of adjudication for the reduced charge. Then, assuming you meet the rest of the criteria you may be able to SEAL the reckless driving charge and the DUI charge.

If you were charged with DUI and the charges were dropped completely then you may be able to EXPUNGE the case assuming you meet the rest of the expungement criteria.

DUI defense is a very technical matter. It may involved challenging the maintenance of the breath machine used to take your breath, may involve challenging whether or not the police followed proper procedures in your arrest and in the taking of your breath sample. In other words, there may be many defenses available to you you may not even realize. Before you enter a plea of guilty to a DUI which will stay on your record for the rest of your life, contact us so that we may review  your case with you and explain your options.