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What You Should Do When Facing Multiple DUI Charges

 
12/12/2022
Weinstein Legal
Read Time: 5 Minutes

What You Should Do When Facing Multiple DUI Charges

If you’ve had a prior arrest for a DUI and are facing new charges, it’s important to know that the penalties are much more severe the second or third time. While the courts in places like Orange, Palm Beach, or Broward counties might be lenient for a first DUI conviction, the state’s sentencing guidelines encourage harsher sentences the second time around.

The Weinstein Legal criminal defense law firm represents clients in South and Central Florida with multiple DUI charges. Contact our experienced DUI attorney today to discuss your current case today.

The Penalties for Multiple DUI Offenses in Florida

The maximum penalties for multiple DUI charges are outlined in Florida State Statute 316.193.

Second DUI Within Five Years of the First Conviction

  • Nine months in jail
  • $2,000 in fines
  • Mandatory ignition interlock device at the car owner’s expense for one year
  • Five-year driver’s license revocation with the possibility of a hardship license after one year

Third DUI Conviction Within 10 Years of the Second Conviction

  • Charged with a third-degree felony crime
  • Five years in a state prison
  • 30 days mandatory jail time
  • $5,000 in fines
  • Mandatory ignition interlock device at the car owner’s expense for two years
  • 10-year driver’s license revocation with the possibility of a hardship license after two years

Four or More DUI Convictions

  • Charged with a third-degree felony crime
  • Five years in a state prison
  • 30 days mandatory jail time
  • $5,000 in fines with a minimum $2,000 in fines
  • Mandatory ignition interlock device at the car owner’s expense
  • Lifetime revocation of your driver’s license.

It’s important to note that these penalties are for multiple DUIs without other aggravating circumstances. If you were involved in an accident that resulted in serious injuries or death, the penalties can increase.

Multiple DUI Defense Strategies

Depending on the circumstances surrounding your current arrest, Weinstein Legal may select from a variety of tested defense strategies. Here are a few effective strategies that our defense counsel may employ.

Challenge the Stop

Law enforcement officers must have a valid reason to stop you. They cannot, for instance, stop you because they know you’ve been arrested for DUI in the past. Valid reasons for a stop include violation of traffic laws, a driving pattern consistent with drunk driving, being stopped at a valid DUI checkpoint, or involvement in an accident.

Demonstrate that Roadside Exercises were Coerced

Many individuals who have been stopped for drunk driving for the first time believe that they can avoid arrest by participating in voluntary roadside exercises, but this is rarely the case. The video evidence of roadside exercises can be used to help convict you, and most people learn this the first time they’re arrested for drunk driving. Your refusal to participate in roadside exercises may frustrate the investigating officer, but it is your right. If you were forced to perform roadside sobriety tests, they shouldn’t be admitted as evidence. Your attorney can file a motion to suppress and possibly a dismissal.

Prove Coerced BAC Test

While you have implicitly agreed to provide breath or urine as a condition of driving, you are still allowed to refuse these tests. Many criminal defense lawyers advise their first-time DUI clients not to submit to future BAC testing if they’re ever stopped again. As is the case with roadside exercises, many drivers refuse BAC testing — especially if they’ve been arrested in the past. If the police fail to read the implied consent warning or tell you that you have to take a breath test, your attorney can file a motion to suppress the results.

Show Improper Procedure

Officers must meticulously adhere to an established set of protocols when investigating a DUI. Any deviation from the procedure can lead to challenges from the defense. With that understood, police officers make mistakes all of the time. The Weinstein Legal team can review all parts of the prosecutorial evidence to determine whether the investigating officers made errors.

What’s a Simple DUI Charge?

A simple DUI charge is one that involves no aggravating circumstances. For instance, the DUI did not lead to an accident with injuries or a traffic homicide. Additionally, if the defendant has a BAC above .15, it becomes an aggravated DUI. An example of a simple DUI arrest is one where the police stop the vehicle pursuant to a traffic violation and determine through testing that the defendant’s BAC is above .08 but below .15.

Do not underestimate the consequences of a simple DUI. You could still be facing jail, probation, fines, and the loss of your license. Contact Weinstein Legal to discuss your case regardless of the level of the offense.

How a DUI Attorney Can Help with Your Multiple DUI Charges

A Florida DUI defense attorney can significantly improve your chances of a lighter sentence or an acquittal. Law enforcement officers must check many boxes to ensure that they have a shot at a DUI conviction. This provides defense attorneys with multiple angles of attack. You might have used a public defender for your first or second DUI arrest, but if you have past convictions, they may have achieved less than optimal results. Public defenders in busy counties like Orange, Palm Beach, and Broward are often burdened with heavy caseloads. That means that they don’t have the resources to properly investigate your case. Private defense attorneys, as you’ll find at Weinstein Legal, manage their own caseloads, which means that they have the time and staffing to examine all discovery evidence.

With three locations in South and Central Florida, Weinstein Legal has an office near you:

Fort Lauderdale

Orlando

West Palm Beach

Click on the link to schedule a consultation.

South and Central Florida Criminal Defense Lawyer

If you’ve been searching the term “criminal defense lawyer near me,” you probably realize that you need representation. Contact Weinstein Legal to discuss your DUI arrest. We are ready to defend your rights.

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