Legal Question in DUI Law in Florida

Second dui jail time

If convicted of a second dui within

5years can the mandatory 10 days be

served in rehab in lieu of jail or do you

HAVE to do the 10 days in a jail cell?


Asked on 6/14/07, 3:38 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Second dui jail time

Very likely that any "rehab" you do will all be done in the slammer for 10 days rather than at a Betty Ford type center.

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Answered on 6/14/07, 6:19 am
Thomas Rosenblum Rosenblum Law Offices

Re: Second dui jail time

Hello: I saw you already rec'd. an answer, but wanted to give you a contact in North Fla. should you need one. The State Attorney and the judge would have to agree to your request. I guess one factor is the definition of "incarceration"...for the 10 days. House arrest is usually a complyng sentence. I don't know if they would consider in patient rehab as incarceration...you can ask though. They most likely would NOT consider out patient rehab as satisfying the 10 days. Good luck. Tom Rosenblum

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Answered on 6/14/07, 11:51 am


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