Venice, FL DUI Law Firms & Lawyers

Unfortunately, it really depends on what county you are in when you get a DUI.  In some counties they offer pre-trial diversion (“PTI”).  After a successful completion of PTI, the charge is dismissed by the state and you can potentially have your record sealed/expunged. Certain counties do not offer the PTI for first time DUI offense (such 12th judicial circuit in and for Sarasota, Manatee, and DeSoto).  In places like the 12th Circuit, a first time DUI conviction is considered a criminal traffic case and carries a Misdemeanor conviction.  A standard 1st time DUI is a Second Degree Misdemeanor. A DUI with property damage/personal injury is considered an enhanced DUI. They both, however, are considered criminal traffic and just because you have the enhancement it does not mean that one is criminal and one isn't (all things being equal and you not being entitled to PTI).  Additionally, if the damage or the personal injury is severe, the DUI can be filed as a Felony (the level is based on the severity of the injury).  In any event, if you plea No Contest or Guilty to a DUI then you will most likely have a criminal record. 

Why has it been delayed for that long? Are you represented by an attorney? If not, you should retain an experienced DUI attorney in your area as soon as possible. Is the prosecution delaying the case because of lack of evidence or is the defense delaying it for some strategic reason? A lot more information is needed before a more accurate answer can be given. Usually there are statutory mandates on how long the court has to bring a misdemeanor case to trial. If it has not come to trial in that time period, there would need to be good cause for why it has been delayed for so long.

This is a very jurisdiction-specific and fact-specific question. Why was he on pretrial release at the time of his DUI? Where did this happen? Each county has its own procedures and criteria for pretrial release. If the original charge was alcohol-related (like another DUI), then it is not unlikely that they will hold him in jail until both charges are disposeed. Judges are just lawyers who didn't like practicing law. They do not want to be forced out of office by releasing some alleged drunk driver who can't stay sober and off the roads. On the other hand, if your bf was on pretrial release (ROR) for some relatively innocuous charge (say, shoplifting) there is a better chance that the court will grant him a bond. Especially since he has served a month already. Good luck.