If I was arrested for DUI in Florida with an out of state DL and have 3 other old convictions. Do I still face FL Felony Law?

Asked about 5 years ago - Jacksonville, FL

I was looking at the law in Florida for your 4th lifetime conviction of DUI. I recently moved here and am not even a resident yet. My prior DUI's are all over 10 years old and the state that I am licensed in does not have any lifetime laws that progress DUI into a felony. Because I was arrested in Florida am I subject to the felony and lifetime suspension of my license?

Attorney answers (4)

  1. Craig A. Epifanio

    Contributor Level 18

    3

    Lawyers agree

    Answered . Simply put, yes you are facing a felony in Florida. Three priors from any jurisdiction usually qualify as priors (with some very limited exceptions). You need to get an attorney in your area now to fight this. Good luck.

  2. Stephen Andrew Mosca

    Contributor Level 17

    3

    Lawyers agree

    Answered . A fourth DUI in any amount of time is a serious crime in Florida with a possible lifetime license suspension. It is critical that all your potential defenses are analyzed and asserted in a timely manner.

    There are many excellent DUI lawyers in Jacksonville - I suggest you contact a few as soon as possible and make a plan to have your interests aggressively represented. Feel free to contact my office. I can explain the process and recommend other attorneys in town you may also want to speak with.

    I wish you the best of luck.

  3. Lloyd Harris Golburgh

    Contributor Level 11

    3

    Lawyers agree

    Answered . Yes. Your only hope is that one of the 3 prior convictions was entered after an un-counseled and/or involuntary no-contest or guilty plea.

  4. Lewis Lee Lockett

    Contributor Level 12

    3

    Lawyers agree

    Answered . Yes. You are facing a possible felony filing, however there is a chance that the state could opt to file it as a misdemeanor. We have succesfully negotiatated with the state in prior cases here in Jacksonville to avoid felony filings. It is of course up to the individual state attorney handling your case. But keep in mind, even if they do file it as a felony, it is not over. The state still must bring forth a "provable" case and get over many hurdles in order to secure a conviction.

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