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Florida DUI and DWI Legal Questions

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185 legal questions have been posted about dui/dwi by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
Florida DUI and DWI Questions & Legal Answers - Page 2
Do you have any Florida DUI and DWI questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 185 previously answered Florida DUI and DWI questions.
DUI/DWI
Florida

Recent Legal Answers

Live in Ohio but have required dui classes to take in Florida to get my license back. Can I do it in Ohio?

Answered 6 years ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Take the initiative and contact the Ohio and Florida authrities yourself. You are going to have to eventually anyway
Take the initiative and contact the Ohio and Florida authrities yourself. You are going to have to eventually anyway

can i get a georgia drivers license if I have a suspended /cancelled florida drivers license?

Answered 6 years ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Do you have some proof in writing that you were excused or that the time of your completion was permitted to be delayed?   Finish your class.   If you want to know anout Georgia consult a Georgia lawyer or take the iniiative and call the Georgia authorities
Do you have some proof in writing that you were excused or that the time of your completion was permitted to be delayed?   Finish your... Read More

DUI Ticket

Answered 6 years and a month ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Act quickly because there are administrative penalties on your license You need to hire counsel
Act quickly because there are administrative penalties on your license You need to hire counsel

If a blood test kit on a discovery shows the deputy wrote the date of expiration has already passed. Can the test kit be thrown out?

Answered 6 years and 4 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should have and probably have already
You should have and probably have already

I was charge with dui and pled guilty to rec driving got dui school 1 year probation ,50hours cum sevis and fine can they give me this 1 time offense

Answered 6 years and 5 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
consultation fee is250.00
consultation fee is250.00

I just got a third dui but the first two were in 2001 and 2002

Answered 7 years and 4 months ago by Mr. Jonathan Burton Blecher (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You are facing a minimum of 30 days jail time and a 10 year license revocation. The jail time will go as high as one year, depending on the circumstances of the case. Find a way to retain private counsel, if you can. Good Luck.
You are facing a minimum of 30 days jail time and a 10 year license revocation. The jail time will go as high as one year, depending on the... Read More

what is he facing

Answered 7 years and 8 months ago by attorney L. Lee Lockett   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, I would recommend a lawyer for most criminal offenses, especially DUIs. DUI's are a specialized area of the criminal defense and you will typically want to find a firm that handles primarily DUIs.  If its considered a first DUI, there are consequences (e.g., DL suspension, probation, etc) that you'll want to avoid. Go to the DUI page on our site to review the issues of importance.  https://www.lockettlaw.net/DUI-Defense/  ... Read More
Yes, I would recommend a lawyer for most criminal offenses, especially DUIs. DUI's are a specialized area of the criminal defense and you will... Read More

My husband had a DUI in 1998 and a Petty theft in 1999 (with his first wife). He thinks he can't exponged neither DUI nor P.Theft. Pls advice us. Th

Answered 7 years and 8 months ago by attorney L. Lee Lockett   |   1 Answer   |  Legal Topics: DUI/DWI
Unfortunately DUI convictions cannot be sealed or expunged. That is becasue the person convicted receives an Adjudication of guilt. Unlike many other charges where a person can receive a withhold of Adjudication, the statute in Florida does not allow it. Also, anytime you have been Adjudicated on any offense, you are ineligible to expunge anything else, so the other charges cannot be sealed either.... Read More
Unfortunately DUI convictions cannot be sealed or expunged. That is becasue the person convicted receives an Adjudication of guilt. Unlike many other... Read More

My friend had a dui 20 years ago. He hasn't been able to land the job he always wanted because of this..is it possible that he can have it removed?

Answered 8 years ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If it was 20 years ago in Florida, then there was a mandatory adjudication. You cannot seal or expunge the record.   Even a pardon will not allow the sealing.
If it was 20 years ago in Florida, then there was a mandatory adjudication. You cannot seal or expunge the record.   Even a pardon will not... Read More

If I am currently on Pre-Trial Diversion but I cannot afford a SCRAM bracelet because is too expensive, what can I do?

Answered 8 years and 5 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Discuss with the person monitoring you. You may need a hearing with the Judge. Talk to a local attorney about local rules and procedures.
Discuss with the person monitoring you. You may need a hearing with the Judge. Talk to a local attorney about local rules and procedures.

Will I go to jail if I recently violated because I was driving?

Answered 8 years and 5 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
There is no Yes/No answer. What happens is dependent on the Judge. Most will consider why you violated the court's Order.
There is no Yes/No answer. What happens is dependent on the Judge. Most will consider why you violated the court's Order.

Can my case be thrown out if the officer said my BAC was 2.39 when he meant to put .239?

Answered 8 years and 6 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Doubtful, either way, you were over the limit in Florida. It really depends on the Judge, it never hurts to raise the issue.
Doubtful, either way, you were over the limit in Florida. It really depends on the Judge, it never hurts to raise the issue.

Would there be anything we could do in his DUI case?

Answered 8 years and 7 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Not enough information to form an answer. See a local attorney ASAP.
Not enough information to form an answer. See a local attorney ASAP.

What are my chances after second DUI in 8 months?

Answered 8 years and 7 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Chances for what? Your question is too vague to attempt a response.
Chances for what? Your question is too vague to attempt a response.

Is my name on record if my friend got a DUI and I was the passenger?

Answered 8 years and 7 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Depends on the Investigation Officer. Some will add the passengers to the report as a potential witness if there was no car crash. If there was a crash the passengers are identified in the Crash Report.
Depends on the Investigation Officer. Some will add the passengers to the report as a potential witness if there was no car crash. If there was a... Read More

Can the DMV over ride court order suspension?

Answered 8 years and 7 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
There is a difference in a Court ordered suspension and an Administrative suspension by DMV. Short answer is Yes.
There is a difference in a Court ordered suspension and an Administrative suspension by DMV. Short answer is Yes.

Will the state where he has a warrant pick him up for a DUI charges if his case in another state is still open?

Answered 8 years and 8 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
There is no Yes/No answer. It depends on the law of the state that has the open warrant. Usually, that charge is a misdemeanor or less and the state issuing the warrant is responsible for the cost of transportation; most states will not pay the cost of transportation for such a minor charge. Be aware that if he is arrested for any charge and the arresting state runs a computer check and sees an open warrant, the arresting state can hold him for a period of time to give the state issuing the warrant an opportunity to come and get him. Usually, the maximum hold is 30 days.... Read More
There is no Yes/No answer. It depends on the law of the state that has the open warrant. Usually, that charge is a misdemeanor or less and the state... Read More

What are the steps do I need to get the class transferred over so I can complete it and get my license?

Answered 8 years and 11 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
No sure I understand the question. Generally the court or Probation Officer will provide a list of approved providers, even if you change states.?Check with them before you pay for a course here that may not be acceptable. Generally a local court is not involved.
No sure I understand the question. Generally the court or Probation Officer will provide a list of approved providers, even if you change... Read More

Is there a DUI case against DEF and what is the possibility of lawsuit against hospital?

Answered 9 years ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Go thru your chain of command and talk to the Prosecutor.
Go thru your chain of command and talk to the Prosecutor.

Should I take an offer for if my DUI charge to be dropped to reckless?

Answered 9 years ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I have no opinion. Trust your attorney.
I have no opinion. Trust your attorney.

Is there a time frame a license can be suspended without paying the fees?

Answered 9 years and a month ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I have no special insight but believe the federal DOT takes more interest in CDL licensing than a license for an ordinary citizen. To fully answer your question it should be directed to the Federal Department of Transportation in Washington.
I have no special insight but believe the federal DOT takes more interest in CDL licensing than a license for an ordinary citizen. To fully answer... Read More

Will I be facing jail time if the blow was .08 and .084?

Answered 9 years and 2 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Jail is discretionary with the Judge.
Jail is discretionary with the Judge.

Will they extradite me from another state for a DUI offense?

Answered 9 years and 3 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
There is no yes/no answer. It depends on the state and whether or not they have filed a Governor's Warrant. If they filed a warrant then you may be picked up by Florida police agency and held for a maximum of thirty days; Foreign state is notified and that state is responsible for transportation. If they decline to pick you up after notice then Florida will release you.... Read More
There is no yes/no answer. It depends on the state and whether or not they have filed a Governor's Warrant. If they filed a warrant then you may be... Read More

How much time to expect for a DUI charge and VOP?

Answered 9 years and 3 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Not enough information to respond to, but yes, I recommend an attorney.
Not enough information to respond to, but yes, I recommend an attorney.

What can I do if I can't take off work every week to travel to take the classes?

Answered 9 years and 5 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Every state has a DUI class program. Contact the court and request permission to take the class in your current location.
Every state has a DUI class program. Contact the court and request permission to take the class in your current location.
DUI/DWI
Florida

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