Legal Question in DUI Law in Florida

I was in an accident almost 2 weeks ago. The ambulance had come to take me to the hospital since I was unconscious the only injury was the burns on my hand and the other person was comletely fine. Earlier that night I had about 3 glasses of wine over a 2 hour time frame with eatting a meal & cake at the wedding, when in the matter of 30 minutes I had gone from completely awake and aware to shaking, falling, passing out and having no memory of the night. All I remember is coming to in the ambulance asking what had happened. It turns out an F150 hit my back passenger side of my car when I was making a left and both cars were towed. When I arrived at the hospital I kept asking questions and was later informed I wouldn't let anyone touch me and was speaking of a man and how he can't touch me again and to get him away. My parents had to drive all the way to Ocala to get me from the hospital since we live in New Port Richey. However the only paperwork the officer left for me before he left was just the exchange of insurance and the towing company. Since the incident I have gotten more information from people that saw me earlier and we believe that I had been slipped GHB or some other date rape drug. My parents even said I wasn't like myself and kept having panic attacks. It has been 2 weeks now and no one has contacted me or anything. The only thing that has happened is the insurance companies had been notified. I got a lawyer right away when it happened, but we still haven't heard anything. I am very upset that no urine test or body exams weren't done on me if I had been speaking of rape and was so lost. I am worried that since I had drank that I might be charged with a dui because I am only turning 21 in 2 weeks, but only the nurse took my blood and the officer didn't arrest me or ask questions or give any citation or take my license...nothing. Do you think it's possible I still might get charged with anything or get a dui or could maybe the case be left as it is? It just has been 2 weeks with no information from anyone or contact and when I check my drivers license and recored online it says its valid and not suspended or anything. I never was taken to jail or took a breath test or walking test..nothing.


Asked on 11/23/09, 11:24 pm

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Yes you could still be charged with DUI. Sometimes it can take weeks or even months before they formally charge you whenever there is an accident like this. However, you said you had an attorney, so you really should be asking him/her these questions.

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Answered on 11/28/09, 11:47 pm
Aaron Slavin Slavin Law Firm, LLC

I agree with Mr. Epifanio. It is completely normal for a "non-arrest" DUI to take several months before formal charges are filed. Since you did not submit to a breath test (where the results would be available at that time), the State of Florida will have to wait until your blood is tested. Depending on whether the blood taken was a "legal blood" or "medical blood" sample, the waiting time can vary. Also, there could be a court hearing where the State seeks to subpoena your medical records from the hospital.

Nonetheless, as the prior attorney suggested, since you've already retained an attorney... that attorney should be answering your questions. You should not have to post questions on a public forum.

If your attorney is not answering your questions and/or does not have answers to your questions, you should seek out an attorney that has experience handling DUI blood cases and/or DUI fatality cases (because they frequently deal with this issue of medical blood).

Good luck,

Aaron J. Slavin, Esq.

SLAVIN LAW FIRM, LLC

727.474.3785

www.slavinlawfirm.com

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Answered on 11/29/09, 9:46 am


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