Cary B. Hall's answer Due to a law change a few years back, his 3rd and 4th DUIs will *not* be considered 1st offenses.
Your husband needs to hire a good criminal defense attorney, and now. He's in trouble, and DUIs have escalating penalties the more you rack up with mandatory minimum sentences. Best of luck to him -- he's gonna need it.
Zachary Divelbiss' answer Your friend should contact and hire a lawyer immediately. There are no "do-overs" in criminal court or with the charges he is facing. He will be provided with a public defender for both cases but since it's his first offense, he should make sure someone puts careful attention into his case so everything goes well. It is typical to have the drug charges reduced or completely dismissed after doing TASC. The DUI is going to be a little more difficult and may require jail if not taken care of...
David J. Winer's answer The officer is only required to offer a breath or blood test once at the police station. But, first he must read you the "Warning to Motorist" form explaining the consequences of taking the test or refusing. On the road he is not required to offer any chemical testing.
Arthur Calderon's answer You need to get with an attorney to file the necessary petition with the relevant court, and have that attorney follow-up with the order certifying rehabilitation. Feel free to reach out to any attorney on here. Most lawyers, including myself, can provide a free consultation to guide you in the right direction and see how we can help out. The process itself, is rather straightforward, and fairly inexpensive.
Kevin John Mawn's answer In Florida, the answer to your question depends on a number of factors. For example, if this is a first offense, you must sign up for DUI level 1 school and apply for an administrative review hearing, within 10 days, to obtain a business purpose only license. In the alternative, you may contest the suspension within 10 days of receiving the ticket. You will be given a business purpose only license while the hearing is pending. However, if you lose the hearing, you will be without a license...
Kevin John Mawn's answer The legal fees will depend on many factors. For example, the following may apply: the complexity of the case (number of witnesses, breath test, aggravating factors), the number of DUI priors, the experience of the lawyer, travel time to the courthouse, and whether the client is seeking a trial. Although fees will vary, it is always best to hire someone who practices exclusively in the area of criminal defense.
Mark Oakley's answer You only need to be provided the opportunity to read the DR-15 before signing it, and that must happen before you refuse the breath test. Call a lawyer to discuss the details. There is a brief (10 day) deadline to request an MVA hearing on the test refusal to avoid suspension before the hearing can be held. You also have the DUI trial to deal with in addition to the immediate license issues.
Theodore J. Harvatin's answer You will need a hearing with the Secretary of State after obtaining the necessary documentation, including a drug/alcohol evaluation and any recommendations for follow up. This is an oversimplification of a complicated process.
Thomas C Gallagher's answer Hard to say without being there, or knowing anything about the specifics. You could have asked a judge to review that request. The judge might have ordered it not necessary. But it sounds like you already did it.
John Kenneth Joyner's answer Tell your friend they need to speak with the public defender's office immediately. If they cannot help, they can at least point him in the right direction for lower-priced attorneys.
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