Lawyers, Answer Questions  & Get Points Log In
Florida DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Domestic Violence for Florida on
Q: I have a disc of the court day my Judge was Bias and my private attorney broke confidentiality on my case.

I also have Medical records that prove my blood sugar dropped to 34 so it was impossible for me to be competent. I've been trying to figure out why they punish me for everything. The judge kept me in jail for 4 months with no bond. Then she gave me a bond for 60,000 and all over a domestic I... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Oct 28, 2022

I understand your position; however, I don’t see facts, in your discussion, that supports your claim. Generally speaking, if a judge shows bias, your lawyer should file a motion to recuse (remove the judge from your case). Assuming the facts warrant such a motion, you may wish to pursue an... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: Can blood work be suppressed if an officer did not provide an option for a voluntary breathalyzer?

During a DUI arrest while visiting Florida, I was brought to the hospital for chest pains. 20-30 minutes prior to being discharged from the hospital, the officer said a breathalyzer was no longer an option (we were there for approximately 3 hours, his station was 5-10 minutes from the hospital),... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Sep 29, 2022

There's a myriad of issues present in this fact pattern. I'm not licensed in California, so I can't offer you an opinion on the nuances of CA law which may apply. I suggest STRONGLY, that you retain an attorney in your area to defend you.

Good Luck.

1 Answer | Asked in DUI / DWI for Florida on
Q: I have a case in browsed county Florida dui DUI with a minor and dui with damage and injury

Fort Lauderdale

Jonathan Blecher
Jonathan Blecher
answered on Sep 16, 2022

DUI with a Minor + Injury is very serious. The Broward County State Attorney's Office will prosecute the case with vigor. In addition to the criminal penalties, you have only 10 days from the date of arrest to attend to the administrative driver license suspension. You should contact a local... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: Does an officer have to get ur permission to perform sobriety test
Jonathan Blecher
Jonathan Blecher
answered on Jul 14, 2022

When you say "sobriety test", I'm not sure if you mean physical exercises or breath, blood, urine tests.

Officers will try to get you to perform the PSE's and don't ask for permission very often...they just sort of roll into it by saying something like, " I...
Read more »

2 Answers | Asked in Child Custody, Divorce, DUI / DWI and Family Law for Florida on
Q: Can a dui affect my case in a child custody battle during my divorce?

I was charged with a DUI offense in November of 2020. I had 2 minors in the car, which caused me to be charged with child endangerment. That charge was dropped because this was my first offense. I didn't have to serve any jail time, I did have my licensee suspended. I did my community service... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 12, 2022

Because the DUI involved minors in the car you will definitely have to convince the court that drinking is not a problem for you. Hopefully it was an isolated incident. It will not matter that the charge was dropped. The legal standard is what is in the best interests of the child. You can also... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Florida on
Q: If DUI cop marks “NO” next to “Eligible for Permit?” does that mean your citation doesn’t serve as license for 10 days?
Jonathan Blecher
Jonathan Blecher
answered on Jun 23, 2022

Police often mistakenly check the “not eligible” box on DUI citations, most often due to ignorance of eligibility requirements. However, a second DUI arrest, or current suspensions may make a driver ineligible. The local DHSMV office will identify eligibility. Contact them or have an attorney... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: I've been made aware there is warrant out for me for flee elude and missing court. I'm not us citizen and don't live the

How do I deal with this if I don't live there? I won't be going to US anytime soon as currently working in Moscow.

Any information on how I can deal with this and close it down when not living in US would be appreciated.

Jonathan Blecher
Jonathan Blecher
answered on May 24, 2022

There are many jurisdictions in Florida where Zoom remote hearings are taking place. Speak with an attorney who can work out the logistics and have the warrant quashed. Otherwise you’ll never be able to enter our borders without an arrest.

2 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: I am probation for a DUI. I live in the state of Florida. I have completed 9 months of my probation.

I was in an altercation with someone and they came from behind. The police then intervened and I did not realize they were the police until I was tased. They gave me a notice to appear of resisting without violence. Will this violate my probation and if so will my probation officer put me in jail?

Kevin John Mawn
Kevin John Mawn
answered on Apr 3, 2022

An arrest has the potential to violate your probation. Typically, you’re arrested for violation of probation when the probation officer discoverers the new offense; however, a judge will often set bond on the probation violation warrant. If it’s an on-site arrest, bond may be set at your... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Florida on
Q: Can I “wait out” a 10 year third dui suspension in Florida and drive again with out any special supervision or interlock

I received a DUI 7 years ago. I got sober and went to school and am now in a special monitoring group called Professionals Resource Networking in order to hold a DOH license to work because of my past. I want to get my hardship license but cannot afford or have the time to do two substance... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Feb 18, 2022

You can wait out the suspension and avoid the supervision program, however you still owe FLHSMV 2 years of IID and the higher insurance policy limits for three consecutive years.

1 Answer | Asked in DUI / DWI for Florida on
Q: DUI property damage, FL. No prior criminal history or traffic offenses. Refused to blow. How likely is dui conviction?
Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Nov 24, 2021

That depends entirely on the specific facts of your case (driving pattern, whether there is body worn camera, how you appear on the camera, other evidence of impairment). You should immediately consult with and/or hire a criminal defense attorney who specializes in DUI's.

1 Answer | Asked in Car Accidents and DUI / DWI for Florida on
Q: I am in FL and a drunk driver(insured)hit my parked uninsured car. Who pays to get it fixed? He was arrested on DUI

He has insurance I do not. I was not driving the vehicle. I was out of town and he hit it and tried to drive off. Was later arrested under a DUI. I just want my car fixed and idk what to do or who to call.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 13, 2021

Contact his insurance company and demand that it repair or replace your car.

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: If pulled over driving, when required to show a driver's license, may I refuse to let the officer run a check on it?

My friend and I are debating a video in which a man in a parking lot, dumping garbage from his car into a dumpster, showed an officer his license. When the officer went to run the license for the man's info, he refused. He said he's a lawyer and knows his rights and the officer may not... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Oct 7, 2021

Yes, you have to show your license, and yes the police officer can run your DL in their system. The statute is below. Pro-tip: don't pick up an arrest trying this theory out.

322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation.—...
Read more »

View More Answers

1 Answer | Asked in DUI / DWI, Real Estate Law, Traffic Tickets and Car Accidents for Florida on
Q: My DL was taken from me by a lawyer in 1994. I was in a car accident and it was my fault. DUI. And I can't pay

Is there a statue of limitation on this

Charles M.  Baron
Charles M. Baron
answered on Sep 14, 2021

Have you contacted the Fla. Dept. of Highway Safety and Motor Vehicles to ask what you can do to reinstate your DL? Generally, DL suspension for failure to pay a money judgment arising from a car accident is up to three years. The statute of limitations is irrelevant - that's about deadlines... Read more »

2 Answers | Asked in DUI / DWI for Florida on
Q: I live in FL but received a 4th DUI in MI but they only charged me for a 1st time DUI what will happen in FL?
Zachary Justin Cantor
Zachary Justin Cantor
answered on Sep 7, 2021

Based on your question you live in Florida but received a DUI in Michigan. As such you will have a criminal case to deal with in Michigan not in Florida. You will need to hire the best possible criminal lawyer in the area in Michigan where your case is pending. I'm assuming you have a... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Florida on
Q: What if public defender did nothing at all for my case,case, was not able to see any evidence state has,?

I was not even able to submit evidence,p.d. said to late in the game,when I had been insisting from day one. I was arrested for d.u.i last August 10,2020,still have not been to trial,had nelson hearing,lost,p.d. lied saying I was not able to see evidence due to a technical issue on my part,What,?... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Aug 4, 2021

Your facts suggest that there may be a problem other than your representation. Since you have not been to trial, you are still able to submit evidence at your trial. The fact that you were denied relief by the court indicates the PD was not ineffective as you were suggesting. You took the right... Read more »

1 Answer | Asked in Car Accidents, Employment Law, Workers' Compensation and DUI / DWI for Florida on
Q: If Recklessness falls into intentional tort, can you sue your employer if you already accepted workers compensation?

There’s ways to get around Workers Comp. If you can prove your case. Are you able to pursue a regular lawsuit instead of settling for worker’s compensation if the driver of the vehicle drug test came back positive for cocaine?

Gregory C. Maaswinkel
PREMIUM
Gregory C. Maaswinkel
answered on Jun 28, 2021

For purposes of this answer I am assuming that the driver that tested positive for cocaine was a coworker for the same company that you are employed with. In some instances you may be able to get around worker compensation immunity if the cocaine use caused the accident. If you did not actively... Read more »

1 Answer | Asked in Wrongful Death, DUI / DWI and Personal Injury for Florida on
Q: As a home owner, can I be held liable if someone in my home drinks then drives intoxicated and hurts or kills someone?

I live in Florida. This person is a relative 27 y/o and resides with me. On more than one occasion they have arrived home and passed out behind the wheel. I need to protect the rest of my family.

Jonathan Blecher
Jonathan Blecher
answered on Apr 12, 2021

Can you be sued? Yes. Will the suit be successful for a wrongful death claim against YOU? Probably not. Is the relative covered on your auto insurance policy? An injured party may go after your homeowners policy, but I don't know how successful that would be.

2 Answers | Asked in DUI / DWI for Florida on
Q: In Florida can the DMV mandate an ignition interlock device if the court did not order it from a DUI conviction?

In Florida can the DMV mandate an ignition interlock device if the court did not order it from a DUI conviction? The driver blew a .17 but charges were amended to reduce the blood alcohol level to below .15. The case is now closed and the driver is eligible to have his license reinstated and no... Read more »

Shiobhan Olivero
Shiobhan Olivero
answered on Mar 31, 2021

Yes, the DMV can require it since the blow was above a .15, and there was not a separate order entered by the court stating the blow was deemed to be below .15 and that an ignition interlock is not required. The DMV does consider court orders stating this information in considering whether or not... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Florida on
Q: My friend is serving a 9mo concurrent jail sentence. For VOSP:DUI 3RD OFF W/I 10 YRS//DWLSR 3RD. When will he be out?

I read somewhere that in Florida you only serve 85% of your sentence so I don’t really know if that works in this situation I’m just looking for some good news that he might be out sooner than 9 months. He was on probation but violated it and he waived his 44 day good time credit.

Tom Murphy
Tom Murphy
answered on Mar 21, 2021

Looks like he was on probation, so he might have already served jail time for the initial arrest. He will get credit for that time as well as whatever time he has served on the VOP. County jails give 5 days per month for good time served, so yes, he has a chance of getting out sooner than 9... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: If a defendant in custody is granted a bond reduction does that mean he can bail out of jail now?

Defendant was arrested for a dui and out on bond, was re arrested for felony domestic battery and his bond was revoked. Defendant went to court and was granted a bond reduction. Is he able to get out of jail now on bail?

Tom Murphy
Tom Murphy
answered on Mar 21, 2021

If he was 'out on bond' for DUI and the bond was revoked because he was arrested on a DV Batt charge, then he cannot get out of jail until he gets a bond on the DUI charge. Your question was not clear as to which case received the 'bond reduction'. If the bond reduction was... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.