Yes, absolutely. The court, the judge, has no discretion whatsoever. It is a mandatory sentence in the state of Florida, that if you are convicted of a DUI, your driver’s license will be suspended. So certainly consider that before entering any plea of guilty or no contest, because that is a pretty serious repercussion… Read More »
If you refuse a breath test in the state of Florida, a prosecutor is allowed to use that as evidence of consciousness of your guilt. And that’s typically the type of argument that they would make. There are also circumstances under which if you refuse to provide a breath sample in a DUI case,… Read More »
No, not necessarily. They can be, but not necessarily. These machines are required by law and rules to be properly maintained and properly calibrated and, to the extent that they are not, just because a good sample of air can go into it doesn’t mean that you get an accurate result. If the machine… Read More »
No, absolutely not. DUI requires a mandatory adjudication of guilt as part of its sentence, and that excludes you from eligibility for an expungement, so if you are arrested for a DUI, and you’re considering trying to get an expungement, do not plea to a DUI.
That depends on the circumstances. However, there are multiple consequences potentially for getting convicted of a DUI. We call those collateral consequences. Things having nothing to do, necessarily, with the criminal punishment. You might have a responsibility at work to report a DUI. You have a responsibility under certain licensings depending on what it… Read More »