Legal Question in DUI Law in Florida

I have a friend who was DUI and got in a one car accident when she hit a tree. Thank God, she and her friend are alive (the passenger was unharmed, she broke her arm and a leg), but now she has some issues. She is not an American citizen (she's from Portugal), and instead is in the states with what I believe is a Green Card and she's studying as a full time student at a University. This is the first thing that has ever happened to her of this nature and she has nothing else on her record. She is getting a lawyer, but I was wondering what could happen. I have heard that she could get deported. If so, how does this process take place? Is there a trial or does anyone get to stand up for her and defend her as a person? It just kills me because this is the last person that you ever imagine this to happen to, and I feel helpless right now.


Asked on 12/17/09, 10:06 pm

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

I'm glad to hear that she has a lawyer because that is the best thing she can do right now to protect herself. "Typically" (ICE is always making up their own rules) a DUI would not be enough to get her deported. If she has hired a lawyer, a good one will stand up for her and defend her. Although a first time DUI with an accident is punishable by up to one year in jail, most first time offenders do not get jail. However the charge can affect her in various other ways that will follow her for a long time. If you wish to give me a call at 813-277-0800, feel free.

Craig Epifanio

www.helpgoodpeople.com

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Answered on 12/23/09, 11:30 am
Mario Musil The Musil Law Firm

A DUI would not be enough to get her deported if she already has a Green Card. However, make sure she hires an attorney that is knowledgeable in both immigration and criminal law, as the outcome of the case could affect her ability to become a citizen in the future.

Mario Musil

www.swfllaw.com

239 SWFL LAW

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Answered on 12/29/09, 12:19 pm


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