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Will this be considered my 3rd DUI or Second DUI.

Orlando, FL |

I got arrested for my 3rd DUI on 12-30-12. My 1st DUI was back in 1994 that I plead no contest. My second DUI was in June 2005 that appeared to be treated as a First offense. Will this 3rd conviction be treated as a Second offense or a Third degree Felony as I live in the state of Florida.

Attorney Answers 7

Posted

It will likely be treated as a third offense if the other two convictions are on your driving record. Third offense penalties are triggered when any single (not both) prior DUI conviction is within 10 years of the the new offense date. Call me at 407-740-7275 if you would like to discuss your case. Good luck.

http://www.brycefetter.com/DUI.html

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Posted

As far as whether you will be charged with a misdemeanor or third-degree felony, it is really up to the State Attorney's Office. You could legally be charged with a felony, however, I have represented clients whose 3rd DUI were charged as misdemeanors. So, just like your second DUI appeared to be treated as your first, your third may be treated as a misdemeanor. Only time will tell.

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1 comment

Deanna Ebanks Rahming

Deanna Ebanks Rahming

Posted

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html

Posted

More than likely it will be treated as a third.

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Posted

It looks like #3 if all of them are Florida convictions. The good news is they are not within 10 years of each other so its not a felony. Your goal should be not to get convicted since the State will probably be looking for your incarceration and the financial penalties are stiff. If you want to call me for an appointment to discuss your options, call 407-831-3434.

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Posted

Looks like its your 3rd but call my office and I can look up what happened with each one and we can talk and get more details.

For more information or to set up a free consultation contact the Law Office of Corey Cohen at 407-246-0066 or visit our website at www.coreycohen.com Twitter @cohenlawyer

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Posted

It will be a third but the state attorney can file it as a second. You will have to wait and see. Retain an attorney before your arraignment date bc sometimes if the state hasn't upcharged the offense yet you can resolve it at arraignment thereby precluding the state from amending the charge.
www.colleenglenn.com

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Posted

If your priors were counseled then this will likely count as a third DUI and has enhanced punishment. However, if your priors were not counseled pleas then they should not count towards a third. However, if one or both of your priors convictions were not counseled; your attorney will need to raise the issue with the State because it is not likely the State's DUI intake attorney will throughly investigate the issue prior to charging you. You should consider a DUI attorney, many will offer a free consultation on your specific facts.

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