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 3
Do you have any Florida DUI and DWI questions page 3 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.

Recent Legal Answers

What can my prior DUI do to me?

Answered 9 years and 5 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Discuss with your attorney ASAP. Some out of state DUI convictions are not usable against you.
Discuss with your attorney ASAP. Some out of state DUI convictions are not usable against you.

What can my prior DUI do to me?

Answered 9 years and 5 months ago by John George Galasso (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
They can treat it as a 2nd ovi; stiffer penalties and jail time; you need to hire a lawyer who handles criminal matters like me; or if you have no income, you should qualify for a public defender
They can treat it as a 2nd ovi; stiffer penalties and jail time; you need to hire a lawyer who handles criminal matters like me; or if you have no... Read More

What can happen if I refuse a urine test and a blood test after the Breathalyzer results were .066?

Answered 9 years and 5 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Depends on the Judge. Speak to a local attorney ASAP who is familiar with your Judge.
Depends on the Judge. Speak to a local attorney ASAP who is familiar with your Judge.

Can I still be arrested for DUI after 6 months?

Answered 9 years and 6 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Depends on your local States Attorney Office and their policy. Generally the Statute of Limitations is two years.
Depends on your local States Attorney Office and their policy. Generally the Statute of Limitations is two years.

Can I turn myself in in a different county instead of going back?

Answered 9 years and 8 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You can surrender in any county but the jurisdiction lies in the county that issued the warrant. You will have to make an appearance there at some point.
You can surrender in any county but the jurisdiction lies in the county that issued the warrant. You will have to make an appearance there at some... Read More

Can the state automatically convict you for DUI if you are parked in your resident, sleeping inside your car?

Answered 9 years and 9 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Not an automatic conviction but Florida has a rule that if a person is in "Actual physical control" of a vehicle, operating or parked, the person may be charged with DUI. Demand a Jury Trial, juries hate this type of case.
Not an automatic conviction but Florida has a rule that if a person is in "Actual physical control" of a vehicle, operating or parked, the person may... Read More

Is it jail time if I got two DUI's in one state and now second in another state?

Answered 9 years and 10 months ago by Dean P. Valente (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Not enough info to give you a solid answer...what court, judge & prosecutor is involved...how old each prior offense is...numerous other factors, like exactly what you are charged with felony or misdemeanor. ?General answer is if you convicted of a 4th OWI (assuming current knows about previous 3) there is a high probability that even with only a misdemeanor you would get some jail time. Best advice for a person with a serious alcohol problem would be to enter into an in-patient treatment program and start the road to recovery. Time in treatment may also help at time of sentencing.... Read More
Not enough info to give you a solid answer...what court, judge & prosecutor is involved...how old each prior offense is...numerous other factors,... Read More

What happens if I still have some more probation things to do but I had a lot of problems?

Answered 9 years and 11 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Not enough information to give an answer. Discuss your situation with your attorney or Public Defender.
Not enough information to give an answer. Discuss your situation with your attorney or Public Defender.

Will the other state extradite for a felony DUI 9 years ago?

Answered 9 years and 11 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Impossible to speculate as to what another State/ Prosecutor will do. There is a maximum statutory hold in Florida, if state #2 does not come for him within that time Florida will release him.
Impossible to speculate as to what another State/ Prosecutor will do. There is a maximum statutory hold in Florida, if state #2 does not come for him... Read More

What happens if I get my second DUI?

Answered 9 years and 11 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Depends on the state. IN Florida if this is #2 within 5 years there is a mandatory 10 days in jail.
Depends on the state. IN Florida if this is #2 within 5 years there is a mandatory 10 days in jail.

If I live in another state, can I hire an attorney to help take care of a DUI in another state?

Answered 10 years ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Contact an attorney in the location that issued the citation. Whether you appear live depends on the Judge.
Contact an attorney in the location that issued the citation. Whether you appear live depends on the Judge.

I bonded someone out of jail and their case is now over, how do I get my money back from the bondsman?

Answered 10 years and a month ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Depends upon the Agreement you signed. Check the papers.
Depends upon the Agreement you signed. Check the papers.

Can I get a driver's license if I have a warrant?

Answered 10 years and 3 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Depends on what the warrant is for, ask DMV by phone.
Depends on what the warrant is for, ask DMV by phone.

What do I do if there is still a warrant on an old DUI violation of probation case from 1999 that follows me?

Answered 10 years and 6 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Contact the court that issued the warrant. They are the only entity that can close the matter. Statute of limitations does not apply as to a warrant.
Contact the court that issued the warrant. They are the only entity that can close the matter. Statute of limitations does not apply as to a warrant.

How does one fight a DUI in a different state?

Answered 10 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
Only a lawyer licensed to practise in the state where the arrest occurred can advise you. The laws differ state by state. So find a lawyer in that state.
Only a lawyer licensed to practise in the state where the arrest occurred can advise you. The laws differ state by state. So find a lawyer in that... Read More

Do I attend tomorrow if I just missed my first DUI class by 5 minutes?

Answered 10 years and 10 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Depends on your local policy. Call them or show up.
Depends on your local policy. Call them or show up.

Do I have to keep going back to the state because of DUI?

Answered 10 years and 11 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If you have an attorney talk to them, some Judges make provisions for out of state citizens. If no attorney the Judges policy will control. Some are more lenient than others.
If you have an attorney talk to them, some Judges make provisions for out of state citizens. If no attorney the Judges policy will control. Some are... Read More

If a driver is found to have cocaine on them but passenger is clean, is the passenger in trouble as well?

Answered 11 years and 2 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Not enough information to answer. Some jurisdictions use "constructive possession" to charge the passenger.
Not enough information to answer. Some jurisdictions use "constructive possession" to charge the passenger.

Can a DUI charge be transferred to another state?

Answered 11 years and 2 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Unless you are convicted Florida does not care where you live. ( Florida issues DUI citations to tourists all the time). You must be available for court but if you have an attorney some Judges allow the attorney to stand in for you until the actual trial. DUI is a serious charge and you really need an attorney. For a first time offense you probably will not receive a jail sentence but probation would require Kentucky agreement.... Read More
Unless you are convicted Florida does not care where you live. ( Florida issues DUI citations to tourists all the time). You must be available for... Read More

Is it possible to get my DUI charge lowered if my BAC is .09?

Answered 11 years and 2 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Anything is "possible" ; any reduction must be approved by the States Attorney and the Judge. All have their own policies.
Anything is "possible" ; any reduction must be approved by the States Attorney and the Judge. All have their own policies.

Can I attend to my new DUI charges before addressing my old warrant?

Answered 11 years and 3 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It depends on your Judge, some allow, some do not. Discuss with your attorney; some Judges make clearing up old charges a term of your probation.
It depends on your Judge, some allow, some do not. Discuss with your attorney; some Judges make clearing up old charges a term of your probation.

What do I do if I have my first DUI and my license suspended?

Answered 11 years and 3 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Learn to bicycle? Not sure I understand the question. If charges are pending retain an attorney, If you have been convicted comply with the decision or file an appeal.
Learn to bicycle? Not sure I understand the question. If charges are pending retain an attorney, If you have been convicted comply with the decision... Read More

What do I do if I have multiple charge and a plea offer?

Answered 11 years and 3 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Too many variables to answer here. Trust your attorney or hire one you do trust.
Too many variables to answer here. Trust your attorney or hire one you do trust.

What would happen if I get pulled over with a suspended license for the first time?

Answered 11 years and 4 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Any sanction always depends on the Judge. In my jurisdiction 30 days in the county jail is not unusual.
Any sanction always depends on the Judge. In my jurisdiction 30 days in the county jail is not unusual.