Legal Question in DUI Law in Florida

Re: dui

Hey....I just read your question. I believe I've typed an answer on here before, so if you want a more detailed explanation, you will need to check through some of my prior answers. Briefly, you should always plead not guilty at arraignment. The Court will pass the case for the atty. to get the documents the State has (from the arresting officer or jail officer). We come back at the next court date and pass it for another date. We are allowed to do this a few times. At the same time, we negotiate with the State to try to get them to drop the case and let us plead to reckless driving.

If we can't negotiate a plea to reckless, the client has to decide if he/she has a good enough case to try and win at a jury trial. If the decision is to not go to trial, we enter a plea to the minimum mandatory sentence. This is the min. the Court must sentence. If it is a first DUI, the mins are: 6 mos. probation with the following requirements....$250 fine plus court costs, 50 hours of community service, DUI school, victim impact panel, 10 days (may have changed to more) vehicle impoundment. If the person blew on the breath machine, there is a 6 month d.l. suspension. If the person refused, there is a one year suspension.

If you want to read some law!!!...google Florida Statutes...then search for sec. 316.193 (DUI).

'Hope this helps. Tom Rosenblum