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Frequently Asked Questions

Straight answers to common questions about DUI and criminal charges in Florida from former prosecutor Dan Sercombe.

I practice criminal and DUI defense in Central Florida and on the Treasure Coast. I have locations in Orlando, Winter Park, and Vero Beach Florida.

DUI and Criminal Defense. We have the most experience with DUI Cases.

If you have three DUIs, and two are within ten years of each other, then the case will be sent to felony with much more serious consequences. Also, four DUIs ever in a lifetime will result in the case being filed as a felony.

DUI cases are probably the most technically challenging in criminal law. The numerous procedures, breathalyzer machine readings, blood and urine lab results, traffic accident reconstructions, as well as legal technicalities and practices make for a complicated area of law that many lawyers are not sufficiently educated in.

A breath level of DUI above .08 in the state of Florida will indicate impairment and result in a DUI charge, but this doesn’t mean you will be convicted of DUI.

No. If you are convicted of a DUI, it becomes a permanent part of your criminal record.

Generally, no. If there is prior refusal, you will be charged with a separate criminal offense of refusing which carries up to a year in jail. Also, there are enhanced DUI penalties for refusing to blow. However, in some Florida counties like Orange County, it is possible to have breath results thrown out anyways.

This is known as The Ten-Day Rule. There is only a Ten-Day window to file for a Driver’s License Review for a License Suspension. The DHSMV will issue a temporary driving permit while the suspension is contested.

A charge of Driving Under the Influence is one of the most scientifically technical areas of criminal law. Most crimes are based on having criminal intent to commit a crime. DUI, on the other hand, is about the State proving you are impaired and unable to drive.

Yes. The Statute of the Court must impose probation with many conditions for a DUI conviction.

Steps of a DUI Case:

a) Arrest

b) First Appearance

c) Arraignment

d) Pre-Trial Conference

e) Case Management Conference

f) Docket

g) Jury Selection

h) Jury Trial

i) Appeal

Charged With a Crime?

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    Our Offices

    Winter Park
    941 W Morse Blvd, Suite 100
    Winter Park, FL 32789

    Orlando
    200 E. Robinson St., #1140
    Orlando, FL 32801

    Phone
    321.214.4696