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Florida DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Florida on
Q: DUI case not heard in 14 mo. State ATT. will not look at evidence. Is this 14th Amend. violation?

I have public defender, have expert witness who states BAC @ .03 But get only continuances. They are taking my freedom & money since dec.2015

Jonathan Blecher
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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.

1 Answer | Asked in DUI / DWI for Florida on
Q: Would like to know my best options in my DUI case.

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

Jonathan Blecher
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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...
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2 Answers | Asked in DUI / DWI for Florida on
Q: My car got stuck in a ditch a few nights ago

- 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?

William C. Head
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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....
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1 Answer | Asked in DUI / DWI for Florida on
Q: I have a case (dui) from 1994 . I was put on probation for 8 months, they violated me in march of 1996.

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

William C. Head
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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

1 Answer | Asked in DUI / DWI for Florida on
Q: I eat a low carb diet which can lead to false breath test, can i insist on a blood test when controlled by Police for DU
Jonathan Blecher
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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

1 Answer | Asked in DUI / DWI for Florida on
Q: Convicted of DUI on 9/11/15. Order of Disqualification states that my license will be disqualified on 11/23/15?

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

Thomas Hudson
Thomas Hudson
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,...
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2 Answers | Asked in DUI / DWI for Florida on
Q: I'm on probation for a dui and just failed my car breathalyzer test. What should I do now?
Jonathan Blecher
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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.

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3 Answers | Asked in DUI / DWI for Florida on
Q: Will a DUI increase my auto insurance rates?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 16, 2016

Quite likely.

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2 Answers | Asked in DUI / DWI for Florida on
Q: Is it true that the cops have to observe you for a certain period of time before making you take a breathalyzer test?

I got a DUI after being pulled over and they gave me the test right away.

Jonathan Blecher
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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...
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2 Answers | Asked in DUI / DWI for Florida on
Q: I just got my license back after a DUI charge.

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?

Jonathan Blecher
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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.

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1 Answer | Asked in DUI / DWI for Florida on
Q: My buddy takes painkillers because he's had two knee operations.

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??

Jonathan Blecher
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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

3 Answers | Asked in DUI / DWI for Florida on
Q: What is a "wet" reckless driving charge?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 5, 2016

I'm guessing alcohol was involved. Is this "wet" language from the citation or what?

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3 Answers | Asked in DUI / DWI for Florida on
Q: How long is probation for a DUI?
Paul Stanko
Paul Stanko
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.

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2 Answers | Asked in DUI / DWI for Florida on
Q: I refused to take a breath test and lost my license for a year. How can I get it reinstated sooner?
Paul Stanko
Paul Stanko
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

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2 Answers | Asked in DUI / DWI for Florida on
Q: If I refuse to take a urine test if I'm stopped by the cops will I get arrested?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Sep 21, 2016

Police dont give urine tests roadside, they give breathalyzers. If you refuse they can detain you and take blood.

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1 Answer | Asked in DUI / DWI for Florida on
Q: Immobilization of a car

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

Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Probably violates the takings clause of the Fifth Amendment.

2 Answers | Asked in DUI / DWI for Florida on
Q: I'd like to sue the bar that served me the drinks before I got my DUI. Is that possible?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
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.

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1 Answer | Asked in DUI / DWI for Florida on
Q: What happens when you get a DUI? Do you automatically lose your license?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
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

3 Answers | Asked in DUI / DWI for Florida on
Q: I was charged with a DUI while I was parked. How is that even possible?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 19, 2016

It depends on the circumstances.

Were you in the vehicle?

Had you been driving shortly before you were charged?

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1 Answer | Asked in DUI / DWI for Florida on
Q: What is a felony DUI?
Terrence H Thorgaard
Terrence H Thorgaard
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:...
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