Yes, this will count as a 2nd in 5. It's complicated, but your Florida license is in jeopardy. You were arrested this past weekend, so please know you have ten days to file the necessary paperwork to preserve your driving privileges in the meantime. That means hire a lawyer ASAP! I would be happy to answer any more of your questions.
As I understand it, Florida will not automatically suspend your license just because you refused a test. The license consequences will depend on the outcome of your case. As others have mentioned, we would need to send paperwork ASAP to protect your license while the case is pending, and explore the possible defenses to the case. It can be very difficult for the state to prove your guilt beyond a reasonable doubt without a valid chemical test. Just expect that the prosecutor will be less willing to reduce the charge to a non-DUI disposition because of the prior charge. So, it's important to work with an attorney who's serious about fighting your case if necessary, rather than accepting the first plea offer they give you.
I agree, escpecially with Counselor Tsourakis as he is a Florida Attorney. It will count as a second in Five in Georgia. this means that under Georgia Law your license would be suspended for aminimum of 4 months with a plea to the DUI. This, of course, does not mean that you have to plea to the DUI. You were asking for scenarios (or at least I implied it). Depending on where you received the ticket will determine what you could possibly work out. For instance, Atlanta (where I'm a former DUI prosecutor) works a lot differently from Cobb, DeKalb and Gwinnett. You should at least consult a Georgia attorney and a Florida attorney for free consultations.
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It will count as a second DUI in 5 years for purposes of punishment by the Georgia Court. Florida will then recognize a conviction, and the results to your license will be based on Florida law.
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If you are convicted of this DUI, or you undergo an administrative suspension, Georgia will suspend your privilege to drive here, and this will report to Florida. It will be treated as a 2/5 conviction in Georgia for terms of sentencing, and license suspension. If you are convicted, or go under an administrative suspension, you will be suspended in both Georgia and Florida and you will have to reinstate your license, or privilege to drive, in both states.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
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