I had ga license and got DUI in 2009, did everything asked and reinstated. Now have fl license and got DUI this past weekend in ga, will this count as 2nd DUI in 5 years still? Also I refused test, will fl suspend my license for refusing out of state test?
Yes, this will count as a 2nd in 5. It's complicated, but your Florida license is in jeopardy. You were arrested this past weekend, so please know you have ten days to file the necessary paperwork to preserve your driving privileges in the meantime. That means hire a lawyer ASAP! I would be happy to answer any more of your questions.
I agree, escpecially with Counselor Tsourakis as he is a Florida Attorney. It will count as a second in Five in Georgia. this means that under Georgia Law your license would be suspended for aminimum of 4 months with a plea to the DUI. This, of course, does not mean that you have to plea to the DUI. You were asking for scenarios (or at least I implied it). Depending on where you received the ticket will determine what you could possibly work out. For instance, Atlanta (where I'm a former DUI prosecutor) works a lot differently from Cobb, DeKalb and Gwinnett. You should at least consult a Georgia attorney and a Florida attorney for free consultations.
As I understand it, Florida will not automatically suspend your license just because you refused a test. The license consequences will depend on the outcome of your case. As others have mentioned, we would need to send paperwork ASAP to protect your license while the case is pending, and explore the possible defenses to the case. It can be very difficult for the state to prove your guilt beyond a reasonable doubt without a valid chemical test. Just expect that the prosecutor will be less willing to reduce the charge to a non-DUI disposition because of the prior charge. So, it's important to work with an attorney who's serious about fighting your case if necessary, rather than accepting the first plea offer they give you.
If you are convicted of this DUI, or you undergo an administrative suspension, Georgia will suspend your privilege to drive here, and this will report to Florida. It will be treated as a 2/5 conviction in Georgia for terms of sentencing, and license suspension. If you are convicted, or go under an administrative suspension, you will be suspended in both Georgia and Florida and you will have to reinstate your license, or privilege to drive, in both states.
Get free answers from experienced attorneys.
26,801 answers this week
2,923 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary