Florida DUI and DWI Legal Questions

Unfortunately, it really depends on what county you are in when you get a DUI.  In some counties they offer pre-trial diversion (“PTI”).  After a successful completion of PTI, the charge is dismissed by the state and you can potentially have your record sealed/expunged. Certain counties do not offer the PTI for first time DUI offense (such 12th judicial circuit in and for Sarasota, Manatee, and DeSoto).  In places like the 12th Circuit, a first time DUI conviction is considered a criminal traffic case and carries a Misdemeanor conviction.  A standard 1st time DUI is a Second Degree Misdemeanor. A DUI with property damage/personal injury is considered an enhanced DUI. They both, however, are considered criminal traffic and just because you have the enhancement it does not mean that one is criminal and one isn't (all things being equal and you not being entitled to PTI).  Additionally, if the damage or the personal injury is severe, the DUI can be filed as a Felony (the level is based on the severity of the injury).  In any event, if you plea No Contest or Guilty to a DUI then you will most likely have a criminal record. ... Read More

As long as the passenger is of legal drinking age, the driver should be fine. It may cause an officer to suspect a driver is impaired if they can tell the passenger has had too much to drink, but the driver is otherwise not at risk of arrest. That is the purpose of having a designated driver.... Read More

Normally the DMV only issues hardship licenses on a first offense, and hardly ever on a third time DUI. You should contact the DMV office, or bureau of driver improvement in your location that handles hardship licenses and ask about eligibility. My guess is that you are not eligible with a third offense. If you have extenuating circumstances you can discuss those with the DMV and see if there is any program or course of action that will get you a permit. Good luck.... Read More

Don't mess with the drivers license office, it is a felony to commit fraud upon the drivers license office. If you have a charge in Wisconsin, own up to it, and disclose it. If your last license was in Wisconsin, then disclose it.  You will either get a license or you wont, and you should not misrepresent anything.  It is possible that Florida will give you a license or perhaps a restricted or business only license. Be honest please.... Read More

Yes you can get a DUI in a parked car. The DA will have to establish that you were driving using other facts like if the car is registered to you, if you admitted driving, other passengers that could have been driving, if you were in the driver seat, if the keys were in the ignition, the location of the vehicle on the road, etc. They also have to prove you were drunk at the time of driving. Which may be another issue to attach in your case. Contact a local DUI attorney and discuss the matter with them in person. Your prior is going to make the DA less likely to dismiss or reduce your charges.... Read More