had 1 dui 20 yr ago i got a 2ed dui 8 months ago and last week got a refusel dui i did not blow what do you think will happen

had 1 dui 20 yr ago i got a 2ed dui 8 months ago and last week got a refusel dui i did not blow what do you think will happen
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Answers (4)

Jennifer Ann Jacobs

Jennifer Ann Jacobs

Contributor Level 5
Unfortunately there is no way to know what will happen with your case. If you are found guilty of the instant DUI, you are facing a minimum of 10 days in jail and a maximum of 12 months in jail. You will also have to pay a fine between $1,000 and $2,000. 30 day immobilization of your vehicle, 5 year revocation of your driver's license and you will need to complete DUI school.

However, if you refused to blow and you refused field sobriety exercises, you may have a decent case for trial (although without all the facts I can not say that with any amount of certainty). You should discuss all of the pertinent facts and your options with an attorney.
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Don Waggoner

Don Waggoner Avvo Pro

Contributor Level 7
There are a number of things that could happen. Let's look at the Dark Side, as if you were convicted. You have two new ones and we will look at each separately.
If you get convicted of your first arrest (2nd actually, counting the one 20 years ago), it will be your 2nd DUI (outside 5 years of the first). You can get up to a year probation, mandatory min. $1000 fine, max is $2000, up to 9 months in jail is possible, 6-12 month DL suspension, 50 hrs community service, DUI school, car impounded for a minimum of 10 days, and court costs. That's the minimum. You will also have to have an interlock device installed on your car for 1 year.
If you get convicted of that 2nd DUI, and then get convicted of the 3rd one, you will be subject to 30 days minimum jail, 5 year max (because it is w/in 10 years of that 2nd one and it becomes a felony), You will also have your car impounded for 90 days, a $2000-5000 fine, the interlock for 2 years, a 10 year DL suspension/revocation, DUI school/alcohol treatment program, court costs, 1 year probation.

If you beat either of the new DUIs, only the 2nd offense outside of 5 years apply. You may have a chance in either case, but you need to see an attorney ASAP.
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John M. Kaman

John M. Kaman

Contributor Level 10
With all due respect for FL counsel, I do not see how the 20 year old dui will come into play in this case. What you call your second dui will be prosecuted as a first and the one involving a refusal will be a second. I have never heard of a state counting duis against you that are more than ten years old. If I am wrong someone correct me.
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Leslie Miller Sammis

Leslie Miller Sammis

Contributor Level 4
The DUI from 20 years ago could theoretically count if it shows up on your Florida driving record. If the DUI from 20 years ago is on your Florida driving record then the prosecutor may argue that this DUI should count at your Third Lifetime DUI.

The consequences for a third DUI in Florida that occurs within 10 years of any prior DUI is that you could be charged with a third degree felony offense.

If convicted of a third lifetime DUI (with one of the prior DUIs convictions occurring within the last ten years is as follows: 30 days in jail, up to a $5,000 fine, 90 day vehicle impoundment, and at least a five year revocation (driver may be eligible for a heardship reinstatement after 12 months), the ignition interlock device for at least 2 years, and DUI school.

Many of these third lifetime DUI cases are not charged as a felony because the defense attorney can contest one of the prior DUIs used to enhance the charge to a felony unless the prosecutor can prove that person either had an attorney or entered a valid waiver of the attorney. In a case that is 20 years old that showing is usually impossible because the clerks office does not keep such records (such as the plea form or a transcript of the hearing) and the procedures used 20 years ago for the waiver of counsel are usually deemed insufficient under the current laws.

Visit the links below for more information from a Tampa DUI Attorney in Hillsborough County, Florida on a Third DUI charge in Florida.
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