Ask a Question

Get free answers to your DUI / DWI legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Florida on
Q: When arrested for DUI or felony drug charges, must you appear at the arraignment or can a public defender go to court
Jonathan Blecher
PREMIUM
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2019

Rules of procedure allow for a Defendant’s lawyer to waive their client’s appearance at the arraignment. Just be sure the PD has filed the appropriate paperwork in advance of the hearing. Some judges may have their own set of rules. Be careful about that, too.

Good luck.

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: My fiance violated his pre trial release by getting arrested for a DUI. That was a month ago and the charges

haven’t been for the DUI yet. He was wrongfully arrested. I filed a complaint with internal affairs against the arresting officers at my local sheriffs stations and I also reported it to the Department of justice and the State attorneys office. What happens now? Will this be useful to reinstate... View More

Gary Kollin
Gary Kollin
answered on Oct 8, 2019

I do not know what you believe happened that you believe h was wrongfully arrested.

The Department of Justice is not going to get involved.

The suggestion: Retain counsel

1 Answer | Asked in DUI / DWI for Florida on
Q: I was wrongfully arrested for dui. What should I do?
Corey I. Cohen
Corey I. Cohen
answered on Oct 8, 2019

Hire a lawyer to expose the cops for liars if you were not dui.

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
PREMIUM
Ajay Pallegar pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

Kevin John Mawn
Kevin John Mawn
answered on Aug 8, 2019

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

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... View More

Matthew J. Olszewski
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... View More

View More Answers

2 Answers | Asked in DUI / DWI for Florida on
Q: Do the DUI level 1 classes drug test in Melbourne FL
Kevin John Mawn
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.

View More Answers

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
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... View More

2 Answers | Asked in DUI / DWI for Florida on
Q: how much will it cost to hire a dui lawyer
Kevin John Mawn
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.... View More

View More Answers

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... View More

Kevin John Mawn
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... View 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
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
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
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.

View More Answers

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
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
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... View More

Kevin John Mawn
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... View More

View More Answers

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
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.

View More Answers

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
Justin Gary Hausler
answered on Sep 14, 2018

If convicted, a minimum of six months

View More Answers

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
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
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... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.