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If I am charged with Misd DUI property/body damage and a DUI at the same this. Will this count as a 2 DUI's?

Miami Beach, FL |

I had a DUI 12 years ago and I recently got into an accident and was arrested for DUI and DUI property/personal injury both Misd. I am concerned that if I am convicted with both will this count as my third DUI which would be a felony since technically the third DUI conviction was within 10 years of the second, even though it was the same instance. This occurred in Miami so I am not sure of what will happen.

Attorney Answers 3

Posted

That won't happen. Your simple DUI is a lessor included offense of the DUI with property damage/personal injury. You can be convicted of one or the other but not both. You can be convicted of multiple DUI's if you hit multiple cars but that is not what happened here. You need to hire a good DUI attorney and try to avoid a DUI conviction altogether as you are not allowed a hardship license with two DUI convictions. Good luck. www.BryceFetter.com

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Posted

No. One of the DUIs will be dismissed, probably the simple DUI.

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1 comment

Jonathan Burton Blecher

Jonathan Burton Blecher

Posted

Mr. Waggoner is always on point and aware of the practical effects of the law.

Posted

In order to be convicted of multiple counts, it must relate to multiple vehicles or multiple injuries. Otherwise, you're looking at a 2nd conviction outside of 5 years, which carries a mandatory 12 month license suspension with NO provisional hardship license. I strongly suggest you hire an experienced DUI attorney in the county where the case is pending.

Best of luck!

Amir A. Ladan
www.CarstenAndLadan.com

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