I was convicted of my first DUI over 17 years ago. My 2nd DUI was over 7 years ago. Now I just got arrested for my 3rd DUI. Will this 3rd DUI be counted as within 10 years of prior conviction or outside of tens years. The penaltie's greatly vary on this issue. Also how does the DMV look back on priors. Am I looking at 10 year or 180 day revocation of my license?
First of all you are looking at a Felony DUI. F.S. 316.193 (2) (b)1. states: Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree. As for your DL suspension, F.S. 322.28 (2) (a) 3 states: Upon a third conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for the violation of the provisions of s. 316.193 or former s. 316.1931 or a combination of such sections, the driver’s license or driving privilege shall be revoked for not less than 10 years.
I strongly suggest that you secure competent legal counsel to represent you in this case.
Remember, just because you were arrested doesn't mean you will be convicted. Even if you blew over the legal limit of .08, you may be found not guilty at trial. If you did not blow, but the State has strong evidence against you, a plea offer of "Reckless Driving" may be on the table shortly before trial or on your trial date. The State may even drop the charge.
The facts matter, as does the prosecutor. Many times, whom you hire as your attorney matters the most.
Florida simply requires one of your prior convictions to have occurred within the past 10 years. As a result, you will be facing a third offense within a period of 10 years. While it is discretionary with the State Attorney's Office, you could be facing a felony DUI. If convicted, you face a 10 year license revocation. If you have additional questions, you can call my office at (407) 246-6384.
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