Florida DUI and DWI Legal Questions

If a trial lawyer is doing his job right, 2/3 of the work is done before the jury is sworn. So if you did jury selection and the case was dismissed after that, then the lawyer deserves to be paid for the trial. In my representation agreements, I make it clear that the trial fee is refundable until a jury is sworn. After that, it is earned. ... Read More

If your sentence included installation of an ignition interlock device, you are required to install one before reinstating your driving privileges, regardless of the the time lapse. For example, a second offense or a breath result over .15 will trigger that requirement. https://www.duilawdefense.com/dui-defense/ignition-interlock-devices/ The best place to find the real answer is with FLHSMV. Good Luck.... Read More

Your attorney is in the best position to answer your questions. I suggest that you retain a private lawyer, who has more time to spend defending you. A reckless driving prior conviction, while it doesn't push the current DUI into a mandatory jail situation, can influence sentencing offers from the State Attorney or Judge. In fact, all prior convictions and criminal history play a part. Your BrAc over .20 isn't going to help matters, though you may have defenses. https://www.duilawdefense.com/dui-defense/breath-blood-and-urine-tests/ All the more reason to retain a private lawyer.  ... Read More

If you finished a diversion program, then you may be eligible to have your case "sealed", but not expunged. But the difference is minimal from your perspective. You are only eligible if you have never been adjudicated guilty of any other criminal case. You must apply to the Florida Department of Law Enforcement for a "Certificate of Eligibility." there are more details here: FDLE Sealing of Record Page... Read More

The answer depends on WHY you were placed on the interlock. If it is a mandatory interlock, then the DMV will not issue a license without proof. Even if you have to buy an old junker car to install it. If the court just used its discretion to order your interlock as a term of probation, then you may be able to get a license without proof. Penalties Chart Here is a link to the Florida penalties for DUI. I would give a call to the DHSMV in Tallahassee to find out what is required for him to get a license. Their number is (850) 617-2000. ... Read More

This is a very jurisdiction-specific and fact-specific question. Why was he on pretrial release at the time of his DUI? Where did this happen? Each county has its own procedures and criteria for pretrial release. If the original charge was alcohol-related (like another DUI), then it is not unlikely that they will hold him in jail until both charges are disposeed. Judges are just lawyers who didn't like practicing law. They do not want to be forced out of office by releasing some alleged drunk driver who can't stay sober and off the roads. On the other hand, if your bf was on pretrial release (ROR) for some relatively innocuous charge (say, shoplifting) there is a better chance that the court will grant him a bond. Especially since he has served a month already. Good luck. ... Read More

Generally, prosecutors run prior convictions from your traffic record as well as a NCIC record (national), so you can't be sure the prosecutor didn't know (or would have known). In any event, once the court conviction gets to FLHSMV, they will impose a license suspension, and lack of ability to get a work permit, regardless of what happened in court. 3rd DUI conviction... Read More

Florida's Department of Highway Safety and Motor Vehicles will accept out-of-state DUI School attendance. It must be approved by the DHSMV in Tallahassee.(Call 850-617-2000) Generally the requirements are that the course must be in-person, must be at least 12 hours, and must include a psycho-social alcohol evaluation and counseling if recommended.... Read More

Florida criminal/DUI statutes do not require this type of notification. However, driving a company vehicle with a DUI revocation has insurance implications for your employer. So, when the company insurance carrier runs your record and sees the DUI conviction/revocation, they will definitely notify your employer. Additionally, if you are required to have an ignition interlock device installed as a sentencing condition, it would apply to a company car unless you obtain an exemption. It could effect your employment opportunites down the road, too.... Read More