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Florida DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Florida on
Q: If I got a 2nd DUI offense in 9/30/18 and got sentenced to jail time in 3/7/19 , when do I start to count for 5 years

When do I start counting from for the 5 years to be up

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 2, 2023

If you are referring to the 5-year license revocation period, it will last for 5 years from the date of release from incarceration. You will need to provide DHSMV with the release date on a DHSMV form signed by the jail.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 28, 2023

You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo... Read more »

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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Jan 27, 2023

It is best to consult with a civil attorney who handles this type of claim.

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3 Answers | Asked in DUI / DWI for Florida on
Q: Can dui ticket be dismissed if the officer said no passenger on citation but there was a passenger?

My boyfriend was pulled over, I was with him. He switched lanes without signal and they accused him of being under the influence. The officer asked to see my id. They gave him a field test, in the cold with slippers and shorts on. He was cold and has physical ailments. They arrested him. On his... Read more »

Jonathan Blecher
Jonathan Blecher PRO label
answered on Jan 23, 2023

Dismissed, no. But the officer’s omission might result in fertile cross-examination. Retain an attorney.

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3 Answers | Asked in DUI / DWI for Florida on
Q: Can dui ticket be dismissed if the officer said no passenger on citation but there was a passenger?

My boyfriend was pulled over, I was with him. He switched lanes without signal and they accused him of being under the influence. The officer asked to see my id. They gave him a field test, in the cold with slippers and shorts on. He was cold and has physical ailments. They arrested him. On his... Read more »

Michael Olowu
Michael Olowu PRO label
answered on Jan 23, 2023

No, the DUI ticket cannot be dismissed for that purpose alone. On the other hand, a gifted lawyer can explore this discrepancy in the ticket to attack the officer's credibility at trial. Additionally, a lawyer may be able to review the ticket and report to see if there are more discrepancies... Read more »

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1 Answer | Asked in DUI / DWI for Florida on
Q: I'm being told that I have to start my 2 year iid sentence over because I had heart surgery and can't continue?

I'm being told that I have to start my 2 year iid sentence over with 5 months left because I had heart surgery on 1/6/23 and can't continue at the present moment? Is this legal? My heart condition is out of my control and I was doing everything that was asked of me with no violations.... Read more »

Jonathan Blecher
Jonathan Blecher PRO label
answered on Jan 20, 2023

You owe the State 2 consecutive years with an IID. How does your heart surgery recovery prevent you from having the IID installed on your car?

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: I got a DUI in New Jersey in 1987, and moved to Florida in 2020 and my application for conceal carry was rejected, why?

I got a DUI in New Jersey in 1987, and they added a eluding charge (2c:29-2b). This is the only blemish on my record. I moved to Florida in 2020 and took a Conceal Carry training course and applied for my permit and was rejected by the FBI. State law says I can still buy a weapon, but how do I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 10, 2022

You can lawfully transport your firearm to the range, to hunt or for other lawful purposes, if it is "within the interior of a private conveyance, ..., if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use." See Florida Statute 790.25... Read more »

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 PRO label
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 PRO label
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 PRO label
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...
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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 »

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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 PRO label
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 PRO label
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 »

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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 PRO label
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 »

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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 »

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