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Florida DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI and Gov & Administrative Law for Florida on
Q: How do I resolve a hold on my license due to a DUI reinstatement fee in Florida?

Over 20 years ago, I received a DUI in Florida while living in Alabama, which led to my driver's license suspension. I relocated to Tennessee, complied with Florida's state law requirements, and paid a reinstatement fee to Tennessee, which reinstated my driving privileges. Recently, while... View More

Robert H. Hanaford
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answered on Aug 20, 2025

If the Florida DMV is owed money from the DUI, or if, for example, you failed to pay all the DUI fines, the clerk of court in Florida will send a D9--suspension notice to the DNV for non payment. Since you don't have a Florida license, Florida cannot revoke your license other than in Florida.... View More

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2 Answers | Asked in DUI / DWI and Criminal Law for Florida on
Q: Can a cop search my vehicle if stopped for a DUI in FL?

I was stopped for a DUI due to reckless driving. I did not give consent for a search, and there were no visible items in the car that might have prompted a search. Was the officer allowed to search my vehicle under these circumstances?

Robert Edward Heyman
Robert Edward Heyman
answered on Jul 30, 2025

Very simple. Since I assume you were arrested for DUI as a result of the traffic stop, the police had the right to search both you and your vehicle as a "search incident to arrest".....part of the logic is that if the police arrest you and take possession of your vehicle, they can... View More

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1 Answer | Asked in DUI / DWI for Florida on
Q: I was arrested for a DUI but I wasn’t in the vehicle.
Jonathan Blecher
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answered on Feb 12, 2025

The State can attempt to establish that you were operating the vehicle while impaired, or with an unlawful blood alcohol level, by circumstantial evidence. It might be a tougher case to prove, but it can be done. We don't know any of the facts of your case from your question, so it's... View More

2 Answers | Asked in Civil Litigation, Gov & Administrative Law, DUI / DWI and Civil Rights for Florida on
Q: Are you a Florida lawyer I was arrested on a charge of driving while license suspended which the DMV vacated

Before the arrest officer's still arrested me on suspension which was vacated just to do a illegal search

Michael Rubin
Michael Rubin
answered on Jan 8, 2025

if the officer relied in good faith on information provided to him by dispatch, the stop is probably okay, if the DMV information had not caught up, but, if you now have a valid license, the case will likely be dismissed by the State or something similar. The second issue you raise concerning the... View More

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1 Answer | Asked in DUI / DWI for Florida on
Q: Do cops have to asked for your driver license, registration and insurance?

I was involved in an incident at a motel with an ex-girlfriend. Two males got involved and I left. Instead of going home, I drove less than 10 seconds to a parking lot of a closed business in order to look inside my car for my cell phone which became lost. Unknown to me someone called 911 at 11:08... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

A peace officer is not required to ask for a drivers license, registration or insurance when investigating a crime. A person operating a motor vehicle on a public roadway is required to provide that information upon request by a peace officer, but a peace officer is not obligated to ask for it.... View More

1 Answer | Asked in Civil Litigation and DUI / DWI for Florida on
Q: I was arrested for DUI. The charges were dropped because video shows the officer did not make a traffic stop. Can I sue?

This is not a case of me driving in traffic and a cop observed my driving pattern and made a DUI traffic stop. I was at a motel when an incident occurred with an ex, two males got involved and I left. Because I did not know where my phone was, I went to a parking lot 10 seconds away to look inside... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 17, 2024

Sorry to hear about your ordeal. Your inquiry is unclear regarding the phrase, "arrested me without me knowing". If you're arrested, you'd know it. You would be handcuffed, placed in a patrol vehicle, and taken to a facility for booking. Not sure if you mean you were instead... View More

2 Answers | Asked in DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: How does a DWLS enhancement work when the suspension was based off an FR issue connected to an old DUI?

My license was suspended due to failure to maintain FR insurance on a date that was actually over 3 years since the DUI. The state is charging me with a 3rd offense or DWLS. I'm under the impression that an FR infraction tied to a DUIb would not apply. The officer also searched my vehicle... View More

James L. Arrasmith
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answered on Jun 3, 2024

Your situation involves several legal complexities, and it's important to address each part carefully. A DWLS (Driving While License Suspended) charge enhancement depends on the specifics of your previous offenses. If your suspension is due to a failure to maintain FR (financial... View More

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1 Answer | Asked in DUI / DWI for Florida on
Q: what will be my probable outcome of a first offense DUI with a .3 BAC and a car accident?
Rod Caruco
Rod Caruco
answered on Apr 1, 2024

The answer varies, but depending on the specific facts, the consequences could be quite serious. This includes potential jail time, fines, costs, and more. There may also be a negative impact on your driving privileges. There are ancillary costs too, such as increased insurance rates, higher... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: Is weed smoke probable cause for a traffic stop? And why don’t police have to have their Dash Cam on during stops?

Typo. Don’t have to have their dash cam activated

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 22, 2024

Yes, marijuana smoke is probable cause for a car search. Usually, the odor of marijuana smoke is detected after a car stop for some other reason. A medical marijuana card does not allow consumption in a vehicle. While the odor of burnt marijuana may persist from previous use, the presence of... View More

2 Answers | Asked in DUI / DWI for Florida on
Q: What does satisfaction of judgment book 6285 page 1896 mean? It was on my case page online.
Jonathan Blecher
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answered on Feb 22, 2024

Clerk's offices use that number system to file judgments and other documents so they (and the public) can locate them. If you want to see it or get a copy, most Clerk's offices have an online portal. If not, you will have to go to their office.

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2 Answers | Asked in DUI / DWI for Florida on
Q: What does satisfaction of judgment book 6285 page 1896 mean? It was on my case page online.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2024

The judgment was recorded, so as to constitute a lien on whatever real property you might own. A satisfaction of judgment means that the judgment has been paid. The recording of the satisfaction means that any real property is now free of any such lien.

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: Wanting to know a quote on a price for a DUI, revoked license and VOP.

My son was out on probation from a dui/manslaughter from 2014 where he did 8.5 years and 5 years on probation. While on probation last week he was arrested again for DUI, Revoked license and VOP wanting to know a quote to represent him and what he might be lookin at.

Robert Arnold Melchiorre
Robert Arnold Melchiorre
answered on Jan 19, 2024

This goes without being said that this is a serious matter. However, I personally would want to know more about both the underlying case(DUI manslaughter) and the new DUI case before quoting a price. For example, I would want to know the victim's position on this matter, is the new DUI case... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: What happens when I get a driving with a suspended lic after my dui over a year ago

I think I have enough money saved to get my iid and insurance to reinstate them is this a good idea

T. Augustus Claus
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answered on Dec 27, 2023

If you are caught driving with a suspended license in Florida more than a year after a DUI, it indicates a serious violation. While you may have saved enough money to obtain an Ignition Interlock Device (IID) and reinstate your insurance, it's crucial to approach this situation carefully.... View More

1 Answer | Asked in DUI / DWI for Florida on
Q: Can I get the interlock device requirement waived for two DUIs in Florida?

I have been charged with two DUIs in Florida, and I am unsure if I am required to have an interlock device installed in my vehicle. I have not received any paperwork from the DMV indicating this requirement. Is there any way to confirm if the interlock device is required or potentially get the... View More

James L. Arrasmith
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answered on Nov 3, 2025

In Florida, an ignition interlock device (IID) is typically mandatory for anyone convicted of a second DUI offense. The length of time the device must be installed depends on the specific details of your convictions. For a standard second DUI conviction, the court usually requires the interlock... View More

1 Answer | Asked in DUI / DWI and Health Care Law for Florida on
Q: Investigating Metformin's impact on BAL for DUI defense in Florida.

In Florida, I received a DUI with a BAL of .28 despite having only 3 drinks. I suspect my diabetes medication, Metformin, may have caused a spike in my BAL results. I'm researching how this medication might have impacted the reading and if it might serve as a defense in my case.

James L. Arrasmith
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answered on Sep 2, 2025

Metformin itself does not convert into alcohol or directly raise your blood alcohol level. However, for people with diabetes, certain conditions like ketoacidosis can produce compounds in the body that mimic alcohol on some breath-testing devices. These compounds, called ketones, may interfere with... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Florida on
Q: Is it common for courts to impound a personal vehicle for a DUI if not involved?

I was arrested for a first-time misdemeanor DUI, but I was not in any vehicle at the time of the arrest. My personal vehicle, which was not involved in the arrest, has not been impounded. There have been no previous legal violations or citations related to driving or vehicles. Is it common practice... View More

James L. Arrasmith
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answered on Aug 29, 2025

In most cases, courts do not impound a personal vehicle if it was not involved in the DUI incident. Impoundment typically occurs only when the arrest happens while you are operating a vehicle and it needs to be towed from the scene, or when there are repeat offenses or aggravating factors. Since... View More

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Florida on
Q: DUI in Florida led to interlock requirement, but failed breath tests. Impact on device removal?

I received a DUI in Florida 6 years ago, and to get my license back, I was required to have an interlock device for 6 months. Now, I am licensed in Georgia. During the monitoring period, I failed a couple of breath tests. My monitoring period is about to end, and I haven't been contacted about... View More

James L. Arrasmith
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answered on Aug 8, 2025

You’ve already done the hardest part—completing the classes, evaluations, and taking responsibility for the process. Since the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has confirmed they’ll accept your Georgia coursework, you don’t need to worry about the 90-day... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Florida on
Q: First-time misdemeanor DUI charge, no attorney, Marion County, FL. Access to public defender?

I am facing a first-time misdemeanor DUI charge in Marion County, Florida, with no prior criminal record. My court date is scheduled for August 6, 2025. I plan to attend without an attorney, as I was unaware that I needed to request a public defender beforehand. Will I have access to a public... View More

James L. Arrasmith
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answered on Aug 8, 2025

Yes, you can still request a public defender when you show up to court. In Florida, if you’re facing criminal charges and can’t afford a private attorney, you have the right to ask the court to appoint a public defender at your first appearance. At your hearing on August 6, you’ll likely be... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Florida on
Q: How to get a drug possession felony charge dropped in Florida?

I was recently pulled over at a traffic stop in Orlando, FL, where a pipe was found on me. I was charged with paraphernalia, which is a misdemeanor, and possession, which is a felony, despite having nothing else on me and barely enough substance in the pipe to test. My background includes several... View More

James L. Arrasmith
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answered on May 14, 2025

You're facing a difficult but not impossible situation, especially since this is your first trouble with the law in several years. In Florida, felony drug possession charges can sometimes be reduced or dismissed based on the quantity involved, the nature of the stop, or procedural issues... View More

1 Answer | Asked in DUI / DWI and Criminal Law for Florida on
Q: Can I still be charged after a DUI arrest with clean urine test and no booking?

I was pulled over early this morning after mistakenly driving on the wrong side of the road and corrected myself but was stopped by the police, including additional units. I complied with a field sobriety test and was told I failed, leading to my arrest for DUI. I was breathalyzed twice with... View More

James L. Arrasmith
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answered on May 14, 2025

It’s understandable to feel anxious after going through an arrest, especially when you cooperated fully and your test results came back clean. While your breathalyzer results were below the legal limit and your urine test didn’t show the presence of drugs, the police still made an arrest based... View More

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