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My brother got arrested over a yr ago for a dui and failing to take a breathalyzer,case was closed and few months later

Maitland, FL |

re-opened the case due to old findings of dui.s,he didn't appear in court,warrant was issued,he is now in jail for that warrant ,charges are contemp of court and failure to submit testing,how much time can he serve for this?

Attorney Answers 3


It will depend on your brother's DUI history, failures to appear, etc. He needs to contact an attorney as soon as possible to have a bond motion filed.

For more information or to contact this attorney, visit or call 407-412-7234. This information is for general purpose only and does not constitute legal advice or create an attorney- client relationship.

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For Failure to submit to be a criminal charge, it means that your brother has a prior refusal. Does he have prior DUIs? It will affect his maximum sentence on this DUI if he has priors. Your bother needs an attorney ASAP.

For more information or to set up a free initial consultation contact the Mangrum Law Firm at 407-349-7474 or This answer does not, nor is it intended to, create an attorney-client relationship. It is offered for informational purposes only. Please consult with a licensed attorney before making any legal decisions.

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Refusing a breath test with a prior refusal is punishable by up to a year in jail. Depending on what happened when he was originally arrested, he may have a legal argument to prevent his prosecution. I would encourage the family to hire an experienced DUI lawyer on his behalf. I would also recommend he put some thought into seeking counseling.

Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.

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