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Florida DUI / DWI Questions & Answers

1 Answer | Asked in DUI / DWI for Florida on

Q: What are penalties for violation of ignition interlocking device prior to taking a plead deal

First dui taking plead of 12 months probation 75 cumunity hours and 6 months interlocking device but prior to taking plead real I violated my device what should I expect to happen

Ajay Pallegar answered on Sep 16, 2019

Depends on whether it was a violation of a court or administrative order or if it was simply an agreement between your attorney and the prosecutor. I would contact your attorney to discuss your options.

1 Answer | Asked in DUI / DWI for Florida on

Q: My attorney informed me after our first convo that we needed to plead out on the first court date to prevent the other

Side having enough time to pull further records. This date is in a few days and his assistant informed me that now I don't need to be there, but I wasn't given a reason why or have any idea what that might mean. Any advice or ideas? I tried to get an answer as to why all the sudden things have... Read more »

Kevin John Mawn answered on Aug 8, 2019

Contact your lawyer for this answer. Otherwise, we are simply speculating.

1 Answer | Asked in DUI / DWI for Florida on

Q: In Florida, is a license revoked immediately after a DUI conviction or is that part of the sentencing phase?

A friend was convicted on three counts last week: DUI with serious bodily injury to another, DUI with damage to property, and reckless driving. The sentencing hearing is scheduled for the end of next month but he said that he was given is license back recently. Before I make a fool of myself I just... Read more »

Kevin John Mawn answered on Mar 19, 2019

The safest way to answer your question is to contact the DMV to determine if the license is valid.

2 Answers | Asked in Criminal Law and DUI / DWI for Florida on

Q: Haven't heard from my lawyer in three weeks have called texted numerous times to get an update. What do I do

I received a letter stating I need to appear in court for domestic violence April 9th at 1:30 cannot contact him to find out if I need to be there or he will appear for me as he has done in the past but I cannot reach him or get an update on what is going on. The domestic took place in September... Read more »

Matthew J. Olszewski answered on Mar 18, 2019

I would keep trying to contact the attorney and/or his/her office. April 9th is still a ways away, so you have some time. If you still don’t hear back, try stopping by the attorneys office to make sure everything is ok. But the bottom line is, if you are worried about court, it’s always safest... Read more »

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Q: Do the DUI level 1 classes drug test in Melbourne FL

Kevin John Mawn answered on Mar 4, 2019

Traditionally, drug or alcohol testing is only a condition of your sentence or possibly your bond. The testing is performed at the probation office in Rockledge.

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1 Answer | Asked in DUI / DWI for Florida on

Q: hi if someone gets arrested for DUI can they drive until conviction or dissmissed

Kevin John Mawn answered on Feb 5, 2019

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... Read more »

2 Answers | Asked in DUI / DWI for Florida on

Q: how much will it cost to hire a dui lawyer

Kevin John Mawn answered on Feb 5, 2019

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.... Read more »

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1 Answer | Asked in DUI / DWI and Criminal Law for Florida on

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... Read more »

Kevin John Mawn answered on Dec 11, 2018

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... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on

Q: Wife told police husband had a gun they stop him dui and found gun where wife said no complaint was filed by wife can

That be used in court can the police tell who told them

Gary Kollin answered on Dec 5, 2018

Yes. The police can reveal who told them. No matter what if it was a valid stop for DUI then they had the right to arrest him and to tow his car

1 Answer | Asked in DUI / DWI for Florida on

Q: Do DUI penalties vary depending on how drunk the driver was?

Kevin John Mawn answered on Dec 1, 2018

If a breath test is .15 or greater , the penalties for a dui charge increase. Otherwise, your prior dui record is the only factor which will increase your sentence.

2 Answers | Asked in DUI / DWI for Florida on

Q: I got a letter in the mail 30 days ago to be A Habitual offender i hired a lawyer how many days doSe it take for a respo

From the judge

Kevin John Mawn answered on Nov 28, 2018

The judge’s time for a response depends on the complexity of the issues. If you have hired a lawyer, you should ask him or her for the appropriate timeline.

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1 Answer | Asked in Criminal Law and DUI / DWI for Florida on

Q: I am in FL. We requested motion to modify probation. It appears to have been granted in the Ordered and Adjudged statemt

But the judge checked the denied box. Was this just an error?

Gary Kollin answered on Nov 9, 2018

I answered this question on AVVO

1 Answer | Asked in DUI / DWI for Florida on

Q: How soon can I get my license back after a drunk driving conviction?

Kevin John Mawn answered on Oct 25, 2018

Assuming no holds on your license, you are eligible for a business purpose only license as soon as you complete DUI level 1. If it is a second conviction within 5 years, you must take DUI level 2 and wait 1 year before seeking a BPO license.

2 Answers | Asked in DUI / DWI for Florida on

Q: first time DUI in FL. Went through the hardship process, drive now. Will I lose that for 12 months. Plus medical cause

So, essentially, I will lose driving benefits for an entire year?

Breathelizer was high, but I have multiple G/I problems. During my 20 minute resting/observation period I was allowed to lie on my back. Between the acid re flux issues, bleeding ulcers, and Esophageal varices... Read more »

Kevin John Mawn answered on Oct 12, 2018

If you have taken the breath test, you will lose your license for 6 months if it is s first offense. However, you are eligible for a business purpose only license once you sign up for DUI level one. If this is a second offense, you may wish to consult with the bureau of administrative review to... Read more »

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2 Answers | Asked in DUI / DWI for Florida on

Q: If I get a DUI for drunk driving my car, will they take my boating license away, too?

Kevin John Mawn answered on Sep 25, 2018

Pursuant to Florida Statutes, your driving privilege will be revoked upon the entry of a plea to DUI. The statute doesn't make any reference to your boating privileges.

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2 Answers | Asked in DUI / DWI for Florida on

Q: How long will a driver lose his license if he's a first time DUI offender?

Justin Gary Hausler answered on Sep 14, 2018

If convicted, a minimum of six months

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1 Answer | Asked in DUI / DWI for Florida on

Q: 3+ years since dui

It has been over 3 years since I was convicted of my 1st and only dui and I am ready to get my license back... Do I still have to get the special FR44 insurance for 3 years?

Kevin John Mawn answered on Sep 11, 2018

You may want check with the bureau of administrative review or your insurance company.

1 Answer | Asked in DUI / DWI for Florida on

Q: Can I defend my DUI charge because the police officer's breathalyzer malfunctioned? How can I prove that?

Kevin John Mawn answered on Aug 30, 2018

A dui may be proven by an unlawful blood alcohol level or by impairment of your normal faculties. Since the breath test malfunctioned, assuming no result, you can argue the state deprived the jury of exculpatory evidence. If there is a breath result greater than the legal limit, you may need to... Read more »

1 Answer | Asked in DUI / DWI for Florida on

Q: Under what circumstances can I get a DUI taken off my record?

Kevin John Mawn answered on Aug 14, 2018

Florida law requires that you are adjudicated guilty upon the entry of a DUI plea or conviction at trial. Since you can only seal the withholding of guilt, you can not remove a DUI conviction from your Florida driving record.

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Florida on

Q: How long must I wait to get a hardship license after my license was revoked for life in the state of Florida?

I was convicted of DUI manslaughter in 2003 and my license was revoked for life. I was sentenced to 10.375 years in FDOC and 3 years probation. With all this behind me I was hoping to get a hardship license and save money not paying for Uber rides.

Shiobhan Olivero answered on Jul 23, 2018

As long as you have no prior DUI convictions, you can petition for hardship after 5 years.

a person whose driving privilege has been permanently revoked because he has been convicted of DUI manslaughter and has no prior convictions for DUI-related offenses may, upon the expiration of 5...
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