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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 5
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DUI/DWI
Florida

Recent Legal Answers

Can I get an extension if I haven't finished my classes and paid my fines?

Answered 12 years and 2 months ago by Michael J. Breczinski (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
This is up to the judge but if you have made a good faith effort to get these things done, then you will probably get an extension.
This is up to the judge but if you have made a good faith effort to get these things done, then you will probably get an extension.

Can I get an extension if I haven't finished my classes and paid my fines?

Answered 12 years and 2 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
You should hire a lawyer to go to court to get the extension. A lawyer can do this without you present, so it is less risky for you.
You should hire a lawyer to go to court to get the extension. A lawyer can do this without you present, so it is less risky for you.

Are SFST's required to be recorded on traffic stops that have dash cams available?

Answered 12 years and 2 months ago by attorney Laurie A. Schmidt   |   4 Answers   |  Legal Topics: DUI/DWI
Most officers do not like the dash cams or don't like to record how they conducted the FST. Commonly, the FST will be performed outside of the view of the camera. Most officers will say that it just didn't record the FST or for some reason the recording device was not on, tape was lost, ect. This is not a reason for the case to be dismissed or a violation of your rights. However, it would be relevant in a jury trial and the jury can decide if there was or was not something to hide. If you are being charged with DUI, you should consult and retain a local DUI attorney. This may be one defense that you have to the charges.... Read More
Most officers do not like the dash cams or don't like to record how they conducted the FST. Commonly, the FST will be performed outside of the view... Read More

Are SFST's required to be recorded on traffic stops that have dash cams available?

Answered 12 years and 2 months ago by Stephen Lewis Freeborn (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
Its not mandatory, but its something I have argued with mixed success (depending upon other facts in the case). If the dash cam is there, why not use it?
Its not mandatory, but its something I have argued with mixed success (depending upon other facts in the case). If the dash cam is there, why not... Read More

What can I expect to hear from the judge if I got a second DUI in 3 months and failed to go to court for my first DUI?

Answered 12 years and 2 months ago by Francis John Cowhig (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
You are probably looking at an arrest warrant from the 8/13 DUI and possible jail time for the 2nd DUI. It is time to hire an attorney.
You are probably looking at an arrest warrant from the 8/13 DUI and possible jail time for the 2nd DUI. It is time to hire an attorney.

What can I expect to hear from the judge if I got a second DUI in 3 months and failed to go to court for my first DUI?

Answered 12 years and 2 months ago by Michael J. Breczinski (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
You can expect to hear that you are going to get some jail since you did not go the first time and did not learn anything from being arrested the first time and repeated the behavior.? You really need to get into rehab NOW and get a lawyer.
You can expect to hear that you are going to get some jail since you did not go the first time and did not learn anything from being arrested the... Read More

How do I get my license plate back?

Answered 12 years and 2 months ago by Michael J. Breczinski (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You have to apply to the court to get your license plate back.
You have to apply to the court to get your license plate back.

How long would I sit in jail for a probation violation of my treatment for DUI?

Answered 12 years and 2 months ago by Michael J. Breczinski (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
This depends on the maximum time for the crime of which you convicted. Assume that you can serve the balance of that in jail.
This depends on the maximum time for the crime of which you convicted. Assume that you can serve the balance of that in jail.

Can I be charged with refusal if the officer ticketed me on it?

Answered 12 years and 2 months ago by Michael J. Breczinski (Unclaimed Profile)   |   10 Answers   |  Legal Topics: DUI/DWI
Then you want to get a lawyer and fight the matter.
Then you want to get a lawyer and fight the matter.

have not called probation so violated for oui had death in family needed to go i do have copy of death certificate on disabilty having hard time to ge

Answered 12 years and 3 months ago by Mr. Charles D. Scott (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You will have a court date and opportunity to explain why you failed to appear for probation.  In the future you could have called the probation officer instead of simply not showing up.  If you have proof of your family emergency show the court. You are technically in violation, and therefore I would  admit the violation,and ask the court to let you give an explanation. Then ask that you be allowed to continue on probation. Show remorse and tell the judge that this wont happen again. If you deny the violation the state will have an easy time proving, because either you reported or you didn't.... Read More
You will have a court date and opportunity to explain why you failed to appear for probation.  In the future you could have called the probation... Read More

What is the likelihood that a field administered breath test and a blood test administered in a clinic will render the same BAC result?

Answered 12 years and 3 months ago by Michael J. Breczinski (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
That is impossible to figure since there are a great number of variables involved.
That is impossible to figure since there are a great number of variables involved.

What is the likelihood that a field administered breath test and a blood test administered in a clinic will render the same BAC result?

Answered 12 years and 3 months ago by Edward Jerome Blum (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
If they're both working correctly they should be different unless you peaked in the middle. Otherwise, one machine is not working properly.
If they're both working correctly they should be different unless you peaked in the middle. Otherwise, one machine is not working properly.

What is the likelihood that a field administered breath test and a blood test administered in a clinic will render the same BAC result?

Answered 12 years and 3 months ago by Strowbridge Blasdel Richardson (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
The blood alcohol score is going to be based on the alcohol in you system at the time of the test. It is not unlikely that the scores are the same or the blood test taken 45 minutes later may be under the field test. It is going to be determined by the amount of alcohol you consumed prior to the administration of the test.... Read More
The blood alcohol score is going to be based on the alcohol in you system at the time of the test. It is not unlikely that the scores are the same or... Read More

What is the likelihood that a field administered breath test and a blood test administered in a clinic will render the same BAC result?

Answered 12 years and 3 months ago by Stephen Lewis Freeborn (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
Not sure what you mean by the "same". If you mean identical, they will probably be different. A blood test is far more accurate.
Not sure what you mean by the "same". If you mean identical, they will probably be different. A blood test is far more accurate.

What is the likelihood that a field administered breath test and a blood test administered in a clinic will render the same BAC result?

Answered 12 years and 3 months ago by Nicholas Milan Loncar (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
It could be higher, it could be lower. The answer to your question depends on many factors, namely when you started/stopped drinking and how fast alcohol is absorbed into your blood (different for everyone). The PAS breath test is inherently unreliable. It can be falsely high or low. The blood test, 45 minutes later might be higher than your BAC was while you were driving (rising BAC defense). If the blood test has a lower result, you can challenge the accuracy of the breath results. Consult with a DUI attorney immediately. You also only have 10 days from the date of your arrest to set up a DMV hearing! This important step could save your driver's license. Good luck!... Read More
It could be higher, it could be lower. The answer to your question depends on many factors, namely when you started/stopped drinking and how fast... Read More

What is the likelihood that a field administered breath test and a blood test administered in a clinic will render the same BAC result?

Answered 12 years and 3 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
Unlikely but possible, depends on the equipment used.
Unlikely but possible, depends on the equipment used.

What is the likelihood that a field administered breath test and a blood test administered in a clinic will render the same BAC result?

Answered 12 years and 3 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
If the numbers are identical there is a strong likelihood that you were absorbing and/or shifting from absorption into elimination which means that breath numbers are likely overstated. You need a lawyer and a forensic toxicologist and likely a jury trial to walk away from this defensible case.... Read More
If the numbers are identical there is a strong likelihood that you were absorbing and/or shifting from absorption into elimination which means that... Read More

What is the likelihood that a field administered breath test and a blood test administered in a clinic will render the same BAC result?

Answered 12 years and 3 months ago by Jared Clayton Austin (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
That will depend on a number of factors with your body metabolism being just one of them. It would be impossible to answer without more information.
That will depend on a number of factors with your body metabolism being just one of them. It would be impossible to answer without more information.

How long does the cops have to charge you with a DUI after an accident?

Answered 12 years and 3 months ago by Edward Jerome Blum (Unclaimed Profile)   |   10 Answers   |  Legal Topics: DUI/DWI
They have one year.
They have one year.

Can I go to Australia and get a driver’s license if I’ve had a DUI in Canada?

Answered 12 years and 3 months ago by Stephen Lewis Freeborn (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
If you are still on probation with the court, you will probably have to first get clearance from the court. If you do not and you leave without completing all of your court imposed obligations, then it could very well impact you ability to get a license.
If you are still on probation with the court, you will probably have to first get clearance from the court. If you do not and you leave without... Read More
DUI/DWI
Florida

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