Tuesday, October 28, 2014

Can a 3rd DUI Arrest within 5 years be charged as a Felony? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Bf in jail for 3rd dui in past 5 yrs. The 1st one was dropped to reckless and the 2nd one was dismissed, can they turn this one into a felony?  They are offering him a yr or take it to trial and he doesn't know what to do,need help.




A:     Chosen as "Best Answer" by Asker on AVVO!



Michael Adam Haber

PRO


Contributor Level 20

9

Lawyers agree

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Answered  To make a 3rd a felony the 1st 2 have to be DUI convictions. DMV, however, can (and will) slam him independent of the court proceedings. For this, and other reasons (namely that he faces anywhere from 6 - 12 months in jail - I can't be sure from your question as a 1st DUI only has a 6 month exposure, your question suggests that this is a 1st yet he is being offered 12 months which suggests that there's more to it - perhaps a DWLS Knowingly, a 2nd subsequent refusal or some other aggravating factor) he needs an experienced Sarasota area criminal defense lawyer working for him yesterday.

While Avvo (and similar sites) are wonderful sources of generic information it is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your case on-line; in short there is no substitute for an in person face-to-face consultation. Although I practice primarily in Miami-Dade County please feel free to contact my office for a referral or two, or you can either do a location search on Avvo or search the Florida Association of Criminal Defense Lawyers website by locality (please see:  http://www.facdl.org ).

Either way best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 




At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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