Being charged DUI over .15 or higher and with one prior

Asked over 1 year ago - Tampa, FL

What are the possible penalties being charged. This would be a 3rd DUI but my first one was over 18 years ago when I had no counsel and plead no contest. My 2nd DUI I had counsel back 7 years ago where I was ajudicated guilty. Could this mean they are charging this as a Second DUI with a prior? Also this is being charged as a misdemeanor currently as well.

Attorney answers (5)

  1. David S Katz

    Pro

    Contributor Level 13

    15

    Lawyers agree

    Answered . Get a great lawyer who knows what he is doing. They can and hopefully will charge this as a felony DUI. a third offense within 10 years of a second is a felony in Florida. Do not let them know the first was uncounselled until after 90 days has past from arrest and do not waive speedy trial under any circumstances. After 90 days have passed, file a motion to dismiss the felony DUI based on uncounselled prior plea. Then when they try to refile as misdemeanor, file a notice of untimely file based on expiration of speedy trial and watch that case be dismissed also. Please note, a local attorney who knows all the facts of the case will be able to advise you if this stragey will work for you based on the facts of your uncounselled plea. The plea must be uncounselled and you must not have waived your right to counsel on the record. I have used the strategy several times. If you are interested, I would be willing to co-counsel the case with local Tampa counsel and can recommend who you should use if you would like to contact me. 321-332-6864

    Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney... more
  2. Brett Nicholls Metcalf

    Contributor Level 12

    7

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . If the State chafed you with a misdemeanor, I highly doubt they will upgrade your charge to a felony. The prosecutors in Tampa rarely do so.

    That said, they will likely ask for 3rd w/in 10 sanctions, including 30 days in jail and a 10 year DL suspension, among other things. If your first DUI plea was uncounseled, the court cannot hold that DUI against you. In that case, you'd be looking at 2nd outside of 5 sanctions, which is a tremendous difference.

    I was a DUI prosecutor for over 2 years here in Tampa and I currently defend DUI's in town. Feel free to call for a consultation if you haven't already retained counsel.

  3. Brandon M Daniels

    Contributor Level 6

    8

    Lawyers agree

    Answered . It is charged as a misdemeanor now because the state attorney has not received the certified copies of your previous convictions. Once they receive all of that they will amend the information against. you. I would seek a top ranked DUI defense attorney's counsel due to the severity of the circumstances. www.duidogg.com

  4. Christopher Charles Dyer

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . I agree with Mr. Katz, except that you already indicated that it is being charged as a misdemeanor. So, now you need to look at the charging document, (information) to determine how exactly they are charging it, you also have an elevated blow, so it appears that you need to begin mitigating with an attorney as soon as possible.

    Chris

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  5. Amir A. Ladan

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . I recommend you call Mr. Katz. He will give you the best opportunity to have the case resolved in the best possible manner. He routinely speaks at DUI seminars and is very knowledgeable as it relates to DUI defenses.

    Posting an answer to your question does not create an attorney / client relationship such that you can or should... more

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DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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