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Florida DUI / DWI Questions & Answers
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 »

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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
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
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.—...
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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 »

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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
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 »

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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 »

2 Answers | Asked in DUI / DWI and Identity Theft for Florida on
Q: I was wondering how I find out if my sister took my identity and got a DUI in my name

In 2009 I was going through a hard time my sister told me to come stay with her in Columbus Oh. I came up from FL to see how things would go and they did not work out I was told she had 13 evictions in my name recently I had to go to court because the FWC gave me a fine for a fish that was two in... Read more »

Jonathan Blecher
Jonathan Blecher answered on Feb 27, 2021

It wouldn’t be the first time that a sister/brother used the identity of a sibling during an arrest. You’ll need to run an FDLE records check and find out where the DUI occurred, then work on getting it off your record. An attorney can assist you. Good luck.

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1 Answer | Asked in DUI / DWI for Florida on
Q: DUI arrest after blowing over the legal limit.

Is my license suspended automatically for 6 months here in Florida?

Jonathan Blecher
Jonathan Blecher answered on Nov 5, 2020

Your Florida driving privileges are what’s suspended. If you are licensed in another state, Florida’s administrative suspension should not effect your out of state license.

You only have 10 calendar days to either request a formal review of the legality of the suspension, or waive that...
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1 Answer | Asked in Admiralty / Maritime and DUI / DWI for Florida on
Q: I was arrested and 92 for a DUI in Hawaii I was in the Marine corps it was maritime do I still have to pay that fine
Tim Akpinar
Tim Akpinar answered on Nov 1, 2020

It isn't fully clear what is meant when you say this matter was maritime. If by "maritime" you mean it involved operating a vessel under the influence, it could be what many states call Boating While Intoxicated (or some jurisdictions use Boating While Ability Impaired, where there... Read more »

1 Answer | Asked in DUI / DWI, Estate Planning and Family Law for Florida on
Q: it my birthday in 18 days yeet

it my birthday in 18 days

Phillip William Gunthert
Phillip William Gunthert answered on Sep 11, 2020

Now you are officially an adult, you can vote and you can be drafted but you still cant have a drink until 21, you can enter into contracts, get a job and pay your own bills and go to college or both, there is a lot to think about and upon the horizon, do not rush into anything too quickly.

1 Answer | Asked in DUI / DWI for Florida on
Q: What is the legal BAC limit in a private vehicle as a CDL holder in Florida? Google yields contradictory information.

Most drivers I know claim its .02, but I cant find anything to verify this.

Jonathan Blecher
Jonathan Blecher answered on Jun 25, 2020

.04, half of the legal limit for Class E licensees. A CDL holder is subject to disqualification, even if operating a non-commercial motor vehicle

2 Answers | Asked in DUI / DWI for Florida on
Q: How can I get my DUI dropped when there is a urinalysis from the hospital showing I'm not under the influence?

I have three breathlyzers and two urinalysis and the cop was screaming acting erratically because of the negative results. He asked for a third sample and it didn't seem right. I have neurological issues from an aneurysm and I'm very anxious ask the time from past trauma.

Jonathan Blecher
Jonathan Blecher answered on Jun 22, 2020

Sounds like a great case for the defense. Hire a decent lawyer and you should be fine.

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1 Answer | Asked in Civil Litigation and DUI / DWI for Florida on
Q: 21 years ago I was 19Yes old. I had a DUI W set injury to an on duty cop. No insurance. I haven’t had a license since.

Served almost four years In prison for that and paid thousands, probation for five years. Still have no License, taking care of a 76 yr old disabled mother and trying to survive without being able to drive around for work is stupid.

I’m willing to enter a payment agreement or fight it or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 7, 2020

I assume the terms of your conviction included language prohibiting you from getting a license for along period of time. It's too late to "fight it". Contact the governor's office about a possible commutation.

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