Legal Question in DUI Law in Florida

my 18yr old son was in an accident he hit a tree was injured(unable to respond to troopers at the time but is recovering well) ,2nd pass minor injuries(treated and released from er).At hospital they did a blood alcohol and he was over the legal limit.I obtained a copy of the crash report today(1 wk later)and no violations/citations are listed ,.on the front it states in the boxes that testing was done and results are pending.can they still charge him with dui?how long do they have?if yes will he get a ticket in the mail or will they come and arrest him?


Asked on 11/15/10, 2:44 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

It depends on the extent of the injuries. It is possible that they could charge him with DUI with serious bodily injury, in which case, he is facing up to 5 years and would score at least 2 years in prison. They would also issue a warrant. If he is "lucky" enough to only be charged with a misdemeanor then they could still arrest him, but it is more likely that he will receive a summons. This will also be forwarded to the DMV and they will suspend his license for up to one year since he is a minor. Unless he had nothing in his system, I strongly suggest you hire an attorney right away in order to fight these charges. There may be good defenses that a good attorney will know how to fight. I practice in Pinellas county if you wish to give me a call at the website below. www.helpgoodpeople.com

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Answered on 11/20/10, 7:14 pm


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