Can I have my drunk driving conviction expunged in Florida?
You cannot get a DUI conviction expunged in the state of Florida. When it comes to any criminal offense, there’s two ways that are crime can be dealt with. You can receive a withhold of adjudication, which means there’s no formal conviction on your record, and then you can be adjudicated guilty, meaning there… Read More »
What are field sobriety exercises?
Field sobriety exercises are the exercises that the cop does to determine whether or not they’re going to arrest you for DUI. The typical ones that we see on TV, the walk the straight line heel to toe, to stand on one leg, to touch your nose. These exercises do not determine whether or… Read More »
Can my prior convictions be used against me in a Florida drunk driving case?
Your prior DUI convictions can be used against you in your Florida drunk driving case. It depends on how many prior convictions you have, and the time frames for those convictions. But any prior DUI conviction, whether it be five, ten, twenty years in the past can still be used against you in the… Read More »
What are the penalties for a third DUI conviction in Florida?
The penalties for a third DUI conviction in Florida depend on the timeframe of the second conviction that you had. If the second conviction occurs within 10 years of a prior offense, then you’re looking at a felony DUI in the State of Florida, and that the minimum penalty for that is a 30-day… Read More »
Can the police charge me with a breathalyzer refusal, even though I tried to blow into it?
The police can only charge you with a breathalyzer refusal if you have a previous breathalyzer refusal in your past. However, if you are trying to provide a breath sample, it makes it difficult for them to prove that case against you. Certainly there’s instances where people pretend to blow in to the machine… Read More »
What defenses are there in a DUI case?
There are going to be many defenses available in any DUI case. DUI cases are typically extremely subjective, meaning that it’s the officer’s opinion as to what they’re seeing. So when they say that they hear slurred speech, when they say they see someone swaying, there’s going to be hopefully video of that to… Read More »
Do DUI laws in Florida only apply to cars, trucks, and motorcycles?
DUI laws in the state of Florida do not only apply to cars, motorcycles, and trucks. They apply to any vehicle that’s able to transport you from point A to point B. So it could be a bicycle. You can get a DUI on a bicycle. I’ve seen DUIs on horseback. Anything that can… Read More »
What do police officers look for when searching for drunk drivers on the highways?
There are going to be many defenses available in any DUI case. DUI cases are typically extremely subjective, meaning that it’s the officer’s opinion as to what they’re seeing. So when they say that they hear slurred speech, when they say they see someone swaying, there’s going to be hopefully video of that to… Read More »
Do I need an attorney for my DUI case in Florida?
Absolutely you need an attorney for your DUI case in the State of Florida. DUI is the one crime out there that’s typically, completely subjective from the law enforcement officers’ perspective. And what I mean by that is the cop’s the one that’s going to say that he was swaying, that he was slurring… Read More »
What happens if I refuse a breath test in Florida?
If you refuse a breath test in the state of Florida, your license is administratively suspended for a period of one year. If it’s a first offense, you’re able to get a hardship license for that period. On the criminal side, if you refuse a breath test in Florida, the prosecutor will try to… Read More »
