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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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If you reside in Florida and are arrested with a DUI and also

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If you reside in Florida and are arrested with a DUI and also have past (2) DUI's in Georgia can that affect your penalty in Florida?

I am a Florida criminal defense attorney and I'd be happy to help. The answer to your question depends, at least to some extent, on the date of the prior offenses. So, when were the two offenses in Georgia? Thank you.

Customer: replied 4 years ago.
2001 and 2003
With those dates, I need a bit more information. If you know, what was the date of the conviction in 2003? Also, what was the date of arrest in the latest offense? Thank you.
Customer: replied 4 years ago.
sept 2003 latest offense mar 20, 2013
Customer: replied 4 years ago.
Conviction June 2003. Arrest of latest offense March 20, 2013

With those dates in mind, this would fall into what Florida calls the "3 within 10" rule, meaning a third offense within a ten year period. This rule requires that a person have two prior convictions and that the latest offense is within ten years of the second conviction. As such, this can be filed as a felony offense and would then be punishable by up to 5 years of incarceration and up to a $5,000 fine.


Having said that, much less is possible as well. As the two previous offenses are so old, the prosecutor may not file it as a felony and may leave it as a misdemeanor. If so, it would then be punishable by up to 1 year of incarceration and up to a $2,500 fine.

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