Ocala, FL asked in DUI / DWI and Criminal Law for Florida

Q: I was arrested on December 8, 2018 for DUI. Will I be going to jail?

At the jail the breath test registered a .00 on both tests. An urine sample was taken but I don't have the results. At the time of the arrest it was just for DUI. Then after I got out the next day, they said I have another charge of resisting arrest without violence. They searched me and the car and found no drugs or alcohol. I am a teacher and have worked for 23 years in education and consider it to be an honor to be a teacher. Outside of teaching, I am in the Kingdom of the Sun Concert Band, The First Baptist Church Orchestra, and The North Central Florida Clarinet Choir. My dad lives with me and I help take care of him and he is also on hospice care. I have never smoke, never dealt in illegal drugs, and never drank alcohol and for all that goes coffee. I really do think that the officer blew things out of proportion. What led to this is that I hit a beragade in the road that I didn't think was going to be there at the time, I was not speeding. What do you think will happen?

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1 Lawyer Answer
Kevin John Mawn
Kevin John Mawn
  • Criminal Law Lawyer
  • Titusville, FL
  • Licensed in Florida

A: The answer to your question, for the DUI, depends on the urinalysis. If you do not have controlled substances in your system, then the State of Florida has no chance of proving Driving Under the Influence. If you test positive for controlled substances, the prosecutors will still have a difficult time proving your poor driving was due to the consumption of the controlled substance. For example, marijuana can remain in your system for many days. That does not mean your normal faculties today are impaired by marijuana consumed 10 days ago. Jail is very unlikely for the DUI with these set of facts; however, a judge still has discretion to impose up to 6 months of jail for a first offense. As for the Resisting arrest without violence charge, jail will depend on the facts of the case and your prior record - assuming you are guilty of this offense. I would consult with an attorney, in private, about your concerns.

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