It will likely be treated as a third offense if the other two convictions are on your driving record. Third offense penalties are triggered when any single (not both) prior DUI conviction is within 10 years of the the new offense date. Call me at 407-740-7275 if you would like to discuss your case. Good luck.
You are not required to have an attorney for any criminal case. This is true if you want to do DUI PTD, plea guilty or go to a jury trial. But a DUI lawyer experienced with the Orange County DUI PTD approval process and criteria can assist you in this process and sometimes get a case approved for DUI PTD that would not otherwise be approved. There are a lot of criteria and a case can be rejected for many reasons. And there are other concerns that accompany a DUI: DMV, civil infractions and...
You can plea not guilty and contest the charges. Most importantly you have ten days to file for a formal review hearing to extend your driving privileges. That is always the first step. Contact me if you want to discuss your case further. Good luck.
It's in the statute...(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
PTD is a great program but if you blow .15 or refuse then they put you in tier 2 and you must install an ignition interlock device. This is nonnegotiable so he will have to get a car or access to a car to complete PTD.
Pleading 'not guilty' doesn't mean that you did not do it. It just means that you want more time to learn about your options. Plea not guilty until you find out how this will affect your driver's license. Don't plea guilty until you or your attorney reviews your driving record. Good luck.