it was my second dui about four years ago. i violated my probation and spent 24 hours in jail. they let me out on a PR bond and a week later i took a breathalyzer and failed it cause i had been drinking. i fled the state that night and have lived here since. I tried to get a Florida license and am obviously not able to. I have a three month old baby so jail is not an option right now. I also have a very sick father in CO. can in travel?
There is a chance that you get arrested at the airport. It is up to Colorado to determine if they are going to pick you up or not. Start talking to lawyers in CO as there may be a way for you to resolve your warrant. Every state has different DUI laws so you need to talk to the Colorado attorney.
I am not a CO attprney and cannot comment on CO law or procedure, but I can give you an idea of what would happen if you had asked the same question in reverse (i.e. If you were in CO trying to return to FL with the circumstances that you have outlined above). Before I do that though I want to make it very clear that you would be best served by contacting a CO attorney STAT and getting competent and sage advise before you embark.
In the criminal arena, warrants are legal tools used by law enforcement to involuntarily bring a person before the issuing authority. In FL, whenever a law enforcement officer (LEO) comes into contact with someone with an outstanding warrant (regardless of where the warrant was issued from - it could be local, in state, out of state, etc) then that LEO must (there is no discretion) take the subject into custody. While this is only a issue if you are "run" though a law enforcement data base (i.e. civilian data bases are generally not privy to such information - so, for example, an airline ticket counter should not know whether you have an active warrant or not), you can wind up being run through a law enforcement data base pretty easily (i.e. getting pulled over, as a driver or a passenger in a vehicle, being involved in an accident, being a witness to an incident relevent to law enforcement, being detained at a check-point or even in a randon sweep or encounter - whether lawful or not, if your name goes in and a warrant comes out then you might ultimately beat the rap and be released, but only after you go for the ride) and can therefore you can easily be taken into custody even if you have done nothing "wrong". In FL warrants can either be issued with or without a bond / purge amount. If there is a bond / purge amount then you will be released shortly after posting the amount; if there is no bond / purge then you will remain in custody until the issuing authority instructs otherwise.
If you were in CO seeking to come to FL and called me with this question I would first determine whether or not there is a warrant, and, if so, whether or not there is a bond / purge associated with the same. If there is I would attempt to post the bond, quash the warrant and allow you to travel without fear (of course this would obligate you to resolve your FL issue, but that would be down the pike); if there is no bond then I would contact the relevant prosecuting authority in an attempt to negotiate an agreed bond on your warrant (likely requiring an agreed surrender), and if that failed then I would seek the same directly from the Court. How this would work out varies case by case (I have been both successful and have failed in these efforts during the course of my 21+ year carreer) but that's the basic process.
You really need to address your issue with a CO attorney and, apart from the immediate concern, you will be well advised to finalize your CO issue, however uncomfortable doing so may be.
Best of luck and I hope your father's health improves.
You are not likely to get arrested. If you get pulled over or if the police check your ID while you are in CO, yes you will be arrested. Flying into the airport will you get arrested, very very unlikely.
With that being said, you appearing in court on your to address the matter, it is much more likely that a judge will not take you into custody and allow you to have a reasonable bond. So or later your going to have to deal with it. I suggest you do it sooner and get this monkey off your back.
Get free answers from experienced attorneys.
24,607 answers this week
2,554 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary