Get free answers to your DUI / DWI legal questions from lawyers in your area.
I have public defender, have expert witness who states BAC @ .03 But get only continuances. They are taking my freedom & money since dec.2015
answered on Mar 11, 2017
You know what they say: "Justice delayed, is justice denied". Yiu can ask your attorney to file a Demand for Speedy Trial. That will push the case to resolution in 50 days.
Arrested for a DUI on February 15 2017 in Broward County. This is my second DUI. First DUI happened over 5 years ago, back in 2007. My second time I refused the urine test. Agreed to breath test on both of the DUI arrests. Looking to consult with a lawyer on my options as soon as possible. Ideally... View More
answered on Feb 26, 2017
The most critical thing right now is to address the DHSMV administrative suspension of your license for the urine refusal. We only have 10 days to file the appeal, so that must be done ASAP.
I would need to know more about the case to give you a more complete assessment of your chances for... View More
- I decided to walk home and get it out the next day. I discovered the next morning it had been towed. A police officer called and said they wanted to talk to me about the truck. I was drinking that night - is there any way I can be charged with a DUI?
answered on Feb 16, 2017
Positively, if you admit drinking, you MAY be arrested.
You need an attorney who is a DUI specialist in your area. You can give another person power of attorney, to go retrieve your car, and then you answer NO questions at all. They may ticket you, and if sso, take the ticket and go home.... View More
also there is a fine to pay. how do I go ahead on this because I am tring to get my drivers license cleared in Florda
answered on Jan 31, 2017
Too much information is omitted, to give you guidance. Are you still LIVING in Florida? Or other state? So, for 21 years, you have operated with no license? Or, have you been operating on a license in another state, and the new federal association rules for DPS-DMV-MVR national records finally... View More
answered on Dec 30, 2016
A low carb diet may put you in ketosis, but not likely to yield a false breath test result on an Intoxilyxer. However, Florida law gives a DUI arrestee the right to have an independent blood test performed after submitting to a breath test. The officer must make reasonable efforts to accommodate... View More
Convicted of DUI on 9/11/2015. Order of Disqualification states that my license will be disqualified on 11/23/2015. The order lists my Conviction Date as 9/11/2015. Why do I have to wait an additional 2 months and 12 days if my license is only suspended for 1 year
answered on Dec 15, 2016
If your notice used the word "disqualification," then it refers to your Commercial Drivers License (CDL). Your non-commercial license suspension is referred to as a "revocation," and goes for either six or twelve months from your date of sentencing.
Be careful,... View More
answered on Nov 30, 2016
You may get a notification from your probation officer or the court that you have to face a violation of probation hearing. There's nothing that you can do except don't fail another test.
I got a DUI after being pulled over and they gave me the test right away.
answered on Nov 1, 2016
Police are required to observe you for 20 minutes and make "reasonably certain" that you didn't belch, burp or regurgitate prior to the breath test.
Giving you the test "right away" implies that they had a mobile breath testing device. You might have a good argument... View More
A few weeks ago I was in an accident - no drinking was involved but I was ticketed. Is there any chance I'll lose my license?
answered on Oct 18, 2016
A judge might consider a license suspension based on a bad driving history, if you are convicted of the new ticket. You might want to hire an attorney who can run interference for you in court. Don't pay the ticket, set it for trial...with a lawyer.
Is there any way to make sure he doesn't get charged with a DUI if he gets stopped by the police because he has to take the medications to help him function??
answered on Oct 16, 2016
In Florida, and in most states, you can be charged with DUI by being under the influence of alcohol and/or controlled substances. Those controlled substances don't have to be illegal drugs, but can be prescribed medications, too. Your friend should be very mindful of what he's taking and... View More
answered on Oct 5, 2016
I'm guessing alcohol was involved. Is this "wet" language from the citation or what?
answered on Oct 1, 2016
Probation terms are set by the court. It will depend upon how serious the charge is and what, if anything, the plea agreement provides.
answered on Sep 23, 2016
If you are asking this question on this forum, that may mean that you have not already contacted a Florida DUI attorney. If so, BIG MISTAKE! Even a "typical" DUI case should always be handled by a lawyer. If you have a refusal suspension, then you absolutely should have a Florida DUI... View More
answered on Sep 21, 2016
Police dont give urine tests roadside, they give breathalyzers. If you refuse they can detain you and take blood.
My son's gf had a DIU and entered a pre trial diversion program. She has met all the requirement and the last one was the immobilization of her vehicle for 10 days. She no longer owns a vehicle as it was in an accident and has not bought a new one. Her officer told her to rent a car and... View More
answered on Sep 8, 2016
Generally no, not unless they kept serving you beyond the point you appeared to be extremely intoxicated. Your self control plays a part in your DUI.
answered on Aug 26, 2016
Your license is immediately taken by the police officer and suspended. You are given a citation to drive on and that is only good for driving to and from work and school for ten days. So you will need to get a temp permit via an administrative review hearing. You need to hire a lawyer ASAP if you... View More
answered on Aug 19, 2016
It depends on the circumstances.
Were you in the vehicle?
Had you been driving shortly before you were charged?
answered on Aug 12, 2016
It is a crime. DUI is short for driving under the influence (of alcohol). A felony is a crime which may be punished by a year or more in jail or prison.
Florida Statute 316.193 Driving under the influence; penalties, can be read in full at the following link:... 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.