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DUI with Prior Convictions

In Florida, a charge of driving under the influence (DUI) with prior convictions can lead to serious consequences for those convicted. Florida has some of the toughest DUI laws in the country, and the penalties for repeat offenders can be severe which is why it is essential to contact a DUI defense lawyer immediately. The attorneys at Hanlon Law have extensive experience defending those accused of driving under the influence. We are committed to protecting our clients futures and provide robust defense strategies. 



Defining DUI Laws in Florida 


Under Florida Statute 216.193, a person is considered guilty of DUI if they are found to have a blood alcohol content (BAC) of 0.08% or higher while operating a motor vehicle. A DUI with prior convictions charge means that the person has been convicted of DUI at least once before.


Penalties for a DUI with Prior Convictions 


The penalties for a DUI with prior convictions charge in Florida depend on the number of prior convictions and the time frame between convictions. For example, a first-time DUI offense in Florida is typically a misdemeanor, but a second or third offense can be charged as a felony.


A second DUI conviction within five years of the first offense carries a mandatory minimum sentence of 10 days in jail and a maximum sentence of up to 9 months. The offender's driver's license may also be suspended for up to five years, and they may be required to install an ignition interlock device (IID) on their vehicle at their own expense.


A third DUI conviction within 10 years of the second offense is also a felony, with a mandatory minimum sentence of 30 days in jail and a maximum sentence of up to 5 years in prison. The offender's driver's license may be suspended for up to 10 years, and they may be required to install an IID on their vehicle for at least two years.


It is also important to note that a DUI with prior convictions charges in Florida can lead to other legal consequences, such as increased fines, community service, and mandatory attendance at a substance abuse program.


Penalties for DUI with Prior Convictions Charges 


For those facing a DUI with prior convictions charge in Florida, it is important to seek the advice of a qualified attorney. A skilled DUI defense attorney can help to build a strong defense and negotiate with prosecutors to minimize the penalties.


One possible defense strategy in a DUI with prior convictions case is to challenge the validity of the prior convictions. In some cases, a prior conviction may be overturned due to procedural errors, such as improper administration of field sobriety tests or Breathalyzer tests.


Another possible defense is to argue that the defendant was not actually under the influence at the time of the arrest. This could involve presenting evidence that the defendant's BAC was below the legal limit or challenging the accuracy of the chemical tests used to determine BAC.


A third defense strategy is to challenge the legality of the traffic stop that led to the DUI arrest. If the police officer did not have a valid reason for pulling over the defendant, any evidence collected during the stop may be deemed inadmissible in court.


In any DUI case, it is important to remember that the burden of proof lies with the prosecution. The prosecutor must prove beyond a reasonable doubt that the defendant was driving under the influence at the time of the arrest. This means that even with prior convictions, a skilled DUI defense attorney may be able to secure a reduced sentence or even a not guilty verdict.


Contact a Kissimmee Criminal Defense Lawyer Today 


A DUI with prior convictions charge in Florida can have serious consequences for those convicted. Repeat offenders face increasingly severe penalties, including possible felony charges and mandatory jail time. However, with the help of a skilled DUI defense attorney, it may be possible to secure a reduced sentence or even a not guilty verdict. It is important to seek legal advice as soon as possible following an arrest for a DUI. The attorneys at Hanlon Law have years of experience defending those charged with DUI offenses. We investigate  the circumstances following our clients' arrests, the police evidence against them, and any other factors that may help in their defense. 


If you are in need of a DUI lawyer in Kissimmee, FL, contact the attorneys at Hanlon Law today.

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