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Is a first DUI (no damages & no injuries) considered a prior record on the sentencing point system score sheet in Florida.

Orlando, FL |

Hello, and thank you for your time. I was told that technically, a DUI is a criminal traffic offense, instead of a criminal offense, but is it considered a prior record on the sentencing point system score sheet in Florida. The rule states "Convictions for offenses committed more than 10 years before the date of primary offense must not be scored as a prior record if the offender has not been convicted of ANY OTHER CRIME for a period of 10 consecutive years". It also states "Any uncertainty in the scoring of the offender's prior record MUST BE RESOLVED IN FAVOR OF THE OFFENDER". I've been charged with insurance fraud and I'm looking for an attorney, but I'm concerned with the sentencing guidelines. I'd like to know some info on this before I retain an attorney. Thanks again.

Attorney Answers 5


  1. A DUI is a criminal offense that is scoreable. It only amounts to .2 points on a felony scoresheet so it will not impact your insurance fraud guideline much, if at all. You are correct that if it occurred more than 10 years prior to the this offense with no intervening convictions, it will not be scoreable at all. Do your research and interview several lawyers before you find one you are most comfortable with and have the most confidence in. Best of luck to you.


  2. The DUI conviction is the least of your problems. It is insignificant under the sentencing guidelines.
    Talk to at least 3 criminal defense lawyers regarding your fraud case. Look for someone that is experienced, qualified and connected in the area. Do not allow money to be a deciding factor in your decision, as your future depends on it!


  3. Yes, of course it will be considered on a scoresheet. A DUI is a crime and if there was a conviction then it will be added to a scoresheet. However, a first time DUI is still a misdemeanor and so it will not contribute a significant amount of points to the overall score.

    You correctly point out that if the conviction or release from supervision is over 10 years old and there have not been any other charges between then and now, then no points will be added.

    The insurance fraud, a felony, is very serious and will likely be treated harshly by the economic crimes prosecutors here in the Ninth Judicial Circuit. The prior DUI, even if it doesn't add points, may prevent any kind of pretrial diversion or pretrial intervention. I strongly suggest you hire an attorney right away to aggressively fight this.

    Please feel free to contact my office for a free consultation. We are conveniently located in Winter Park.

    This is not to be considered legal advice nor does an attorney-client relationship exist.


  4. I agree with what everyone has said and would only add that the relevant date on the DUI case is the last day of probation or incarceration that you served on that case, whichever was later. That is when the 10 years starts running.

    For more information or to set up a free initial consultation contact the Mangrum Law Firm at 407-349-7474 or MangrumLaw@gmail.com. This answer does not, nor is it intended to, create an attorney-client relationship. It is offered for informational purposes only. Please consult with a licensed attorney before making any legal decisions.


  5. Misdemeanor convictions only add 2 tenths of a point, and usually do not amount to much at all, unless there is a substantial history of them.

    R. Jason de Groot, Esq.,

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