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Florida DUI / DWI Questions & Answers
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.

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Florida on
Q: Hello! I'm a medical marijuana patient in Florida, am I allowed to carry cannabis in my car?

I'm hoping to learn the statutes, and regulations

Jonathan Blecher
Jonathan Blecher answered on Jun 5, 2020

Like other prescribed controlled substances, you must carry them in their pharmacy dispensed container with original labeling. Additionally, you must carry your valid MM card with you.

1 Answer | Asked in DUI / DWI for Florida on
Q: Is there a way to find a lawyer who is licensed in FL and SC that deals with DUIs?

My son was charged with a DUI in SC, hired a lawyer who said she would take care of it, moved to FL then got a DUI both about 8 years ago. He has satified all of the conditions required by each state, but SC won't release his license until FL does and FL won't release his license until... Read more »

Jonathan Blecher
Jonathan Blecher answered on May 11, 2020

It's a Catch-22. Once you get in between two state's suspensions, it's difficult to straighten out.

You don't need to be licensed in both states to resolve this for your son since it doesn't involve court appearances. I'm in the middle of a situation now...
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1 Answer | Asked in DUI / DWI for Florida on
Q: DUI in 2013. Never fished interlock due to boating. How can I now get my DL back in FL? Interlock was removed.

I was at sea for a long time, and now I have no clue how to get my DL back. Is there a statute of limitations, or what will I have to do to regain my DL? Please HELP!!!

Jonathan Blecher
Jonathan Blecher answered on Apr 29, 2020

Whatever time you owe FLHSMV with an IID on your car still must be served...consecutively. No statute of limitation.

You can't do three months here and there, either.

Once you get the IID installed, you should be eligible for a hardship permit, or perhaps a regular license...
Read more »

2 Answers | Asked in DUI / DWI for Florida on
Q: Hello, received a DUI in Feb. Is there an attorney who can take my case pro bono? Am unemployed at the time. Thank you.

I refused the breathalyzer and field sobriety test. This is my first offense. Totally clean record up until this. I am unemployed. My company shut down due to COVID. I simply don't have the money required to pay at this time. Maybe set up a long-term payment plan if there is no pro bono... Read more »

Jonathan Blecher
Jonathan Blecher answered on Apr 7, 2020

We can't solicit or offer our services through this portal, however there are many directories of DUI attorneys in your area. I suggest you check out the National College for DUI Defense, AVVO, and FindLaw. Search for DUI lawyers in your area. Good Luck.

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2 Answers | Asked in DUI / DWI for Florida on
Q: I had a DUI (MISDEMEANOR) back in 2014. The record says “ADJUDICATED GUILTY BY COURT” but then it says “DISMISSED”

316.193(1) TCATS - DUI (MISDEMEANOR)

I did 12 months probation, victim panel, and all requirements.

Does the “dismissed” after adjudication means the case was dismissed or is it a normal process of the court - adjudication, fines/punishment, then “dismissed” to close the... Read more »

Jonathan Blecher
Jonathan Blecher answered on Mar 23, 2020

In a Florida DUI case, a defendant can’t have an adjudication of guilt and a dismissal on the same charge. It sounds like you were convicted of a DUI. It’s possible that another charge that accompanied the DUI was dismissed, such as a traffic infraction. It’s difficult to answer this... Read more »

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1 Answer | Asked in Car Accidents and DUI / DWI for Florida on
Q: I was driving and was going around a curve and my purse fell i picked it up and my truck swiped the light post.

I had no idea i had to call since there were no other vehicles or no people involved. I went to the closest store where i found out some one behind me had called and followed me and told the cops were i was. I was then approched by 5 officers who asked what happened and i told the truth and... Read more »

Carey Wagner Meldon
Carey Wagner Meldon answered on Mar 11, 2020

From what you describe it appears the government WOULD have a plausible DUI "case" against you.

You have a few different questions that need answers:

1) Did the police officer have a lawful basis to make contact with you? It sounds (without further information) that the...
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1 Answer | Asked in DUI / DWI for Florida on
Q: He has no new charges from dade county

My fiance was arrested trying to get a background check because of the warrent he was no giving a bond and the misdemeanor warran is a vop because he didn't finish pay his court fees so will it still count or will he have to sit in polk county jail to after begin transfered

Corey I. Cohen
Corey I. Cohen answered on Feb 28, 2020

Yes unless he is able to get a bond from the judge. If he hires a lawyer they can file a bond motion and try to get you out.

3 Answers | Asked in DUI / DWI for Florida on
Q: Will it count as time served

My fiance is in jail in Miami dade county on a misdemeanor out of county warrant for polk county he have been sitting in jail now for 1 week polk county has until March 11 to come transferre him if and when they do will all this time he is doing in dade county jail count as time served

Corey I. Cohen
Corey I. Cohen answered on Feb 28, 2020

If you posted bond for his Miami case and he is only sitting in jail on the polk warrant, then yes he will get credit.

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