Legal Question in DUI Law in Florida

My father in law got a dwi in2005 then another in 2007 while on probation for the first. He did not show up to court due to communication problems and denial . he is now in palm beach jail what is he faceing. He currently has a public defender


Asked on 2/02/10, 10:13 am

2 Answers from Attorneys

Leland Garvin Garvin Law Firm

Well, he would be facing up to 1 year in jail on each charge; but more than likely he would be able to work out a much better deal.

While not appearing in court is a big "no, no"; he may achieve a huge benefit from the fact that the charges are so old.

If you would like to give me a little more information I would be glad talk with you about his potential sentence and options.

Take care,

-Leland

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Answered on 2/07/10, 3:29 pm
Amir Ladan The Ladan Law Firm, P.A.

More information is required to give you an accurate answer. If the 2005 offense was a 1st offense DUI without an aggravator, such as an accident or injury, then his exposure would be up to six months if his breath alcohol level was a .14 for lower or nine months if a .15 or higher. If the 2007 offense is considered a 2nd offense and is without any aggravators, then he's subject to a maximum of nine months with a BAL of .14 or less and up to a year if it was .15 or higher. The courts can stack these sentences (consecutive) or run them together (concurrent).

Many factors go into the sentencing possibilities. I strongly recommend you hire private counsel to assist him, as an experienced criminal defense attorney familiar with the judges and prosecutors in that area is likely to make a difference in what he's facing.

Good luck.

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Answered on 2/09/10, 11:14 am


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