Legal Question in DUI Law in Florida

I was curious, last night I left my house very drunk and headed to a bar. On the way over I hit a couple curbs and blew out two tires. I finally got to the bar and parked all crooked in the parking spot. I was in the bar for about 15 minutes when the cops came in and put me in handcuffs, my only guess is that the bartender maybe saw me drive up or just thought I was too drunk. I sat next to my car in handcuffs for a little and then the EMS came and took me to the hospital where I got blood work to check out my blood alcohol level which takes 7 to10 days to get the results and also a cat scan because apparently I hit my head, I have to recolection how. I was at the hospital for an hour before they called my mother to take me home. I just had a few questions, how do DUI's work, I mean do the cops have to actually see you driving. Second why did I not get a ticket? Why was my car not impounded? I have no copy of the police report. I don't have my license or registration, I assume the cops must have them. The hospital told my mother that the cops will be in touch after the blood work comes back. Any thoughts? Thank you.


Asked on 6/01/10, 9:43 pm

1 Answer from Attorneys

Joseph Vredevelt Best Vredevelt & Associates

First, there must be some witness that saw you actually driving the vehicle. Maybe the bartender or some other civilian saw your driving and called police; in this regard the State Attorney will ahve to have this witness present at trial to proceed against you.

Second, in regards to the blood test, the police can only extract blood if there was an accident with injury or you had to be taken to the hospital for an emergency and there was no practical way to conduct a breath test. If either of these two factors are not present, then the blood sample should be able to be suppressed and not used against you. If you fell and hit your head, you may have been rushed to the hospital if you knocked yourself out; but this must be researched and reviewed.

As for the tickets, I am sure that the police have them or they gave them to you and they were lost. However, you must get the DUI ticket because that will serve as your license for the 10 days after your arrest. You only have ten days to apply for a formal review to try to get your full license back or else you'll have a three month hard suspension before you can get a business permit.

I recommend hiring an attorney to look into your case before you go to court so that you can get a full understanding of your options and your probability of success in getting out of this.

If you would like to discuss this case further, please give my offices a call; I would be more than happy to help. 305.670.3119.

All My Best,

Joseph Vredevelt

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Answered on 6/02/10, 5:08 am


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