How do you count previous DUI’s?
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How do you count previous DUI’s?
Its been almost 8 years since my last DUI; and I blew way under, however I had weed in the car. I just got my second last week and got over limit. Will they consider the time was under to be the first time? Its been over 10 years and I haven’t received as minor as a seatbelt ticket.
Asked on July 28, 2010 under Criminal Law, Florida
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
This is something that varies from one state to another. It is also a question where, in practice, an experienced lawyer can make a real difference on the right facts. I'd strongly recommend talking to counsel in your area about any pending charges of this sort.
Florida's law is complicated. As I read it, for the DUI fines, the time between the first and second DUI's doesn't matter; a second offense is a second offense, $2,000 to $4,000. It makes a big difference, though, that you have more than 5 years gone past since your first DUI, since you would otherwise be looking at a mandatory (judge has no choice) 10 days in jail. The second-to-third-offense connection is harsher for 10 years; if you are convicted of a third DUI before that time runs, it is a mandatory 30-day jail sentence.
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