Legal Question in DUI Law in Florida

3rd outside 10 yrs ,How long is license revoked? Judge vs.DMV

In 2004 I was charged with 2 DUI's one in July and another in Oct. I was convicted for both on March 05, (I was also convicted in1982 for DUI (BAL 0.01). ,the Judge suspended my license 1 yr for 1st count and 5 yrs for 2nd, I received 2 letters (one week apart)from the DMV , suspending my license for 1yr. and 10 yrs. I did not know anything about the DUI law, just recently I have been finding out ,all the options I had for 2 years(post-conviction relief) and all the procedure errors that were done by police. I was never advised by my attorney of my rights and options,and found out that I didn't have the proper representation.

I researched the F.S./the Bill (changing F.S.) / DSMV ,official websites, and plenty of ''Top Fl.DUI Attorney's ,and it seems that the DSMV made an error , the DSMV FAQ website Sec. has a customer service # to report any errors and in their dui suspentions,it's also confirmed (the court didn't forget 5yrs. and was not Felony). I did hired a Fl. attorney to help me,3 1/2 months ago, and his contract is non-refundable(covers 12 hours).He says his friend tells him that 10 yrs. it's right!.Please HELP ME! who's right,Court or DMV?


Asked on 4/01/08, 6:25 pm

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: 3rd outside 10 yrs ,How long is license revoked? Judge vs.DMV

You are incorrectly saying third DUI outside of ten years. The third DUI outside of ten requires your most recent DUI to have ocurred ten years after the second DUI. In your case you recieved a third DUI within one year of your second DUI, therefore you are punished as a Third DUI within ten years.

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Answered on 4/02/08, 7:59 am


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