Legal Question in DUI Law in Florida

Your question pertains to duplicity; meaning can the prosecution charge you with the same crime multiple times. (This is different than double jeopardy which involves prosecuting you for an offense you have already plead to or been to trial on.)

In response to your question...

First, there is no list of lesser included charges. With some other crimes, there may be a lesser included that would usually be another statute (less severe) probably cited or numbered right after the charged statute.

More to your point, there is no lesser included for a DUI. However, for years, we have argued for the State Attorney to allow us to plead to reckless driving (316.192). They know we usually are asking for that on every case! If the State feels they have a weak case, they will let us plead to reckless. The sentence may be the same as a DUI except for there would be no DL suspension (unless the client refused to do the breath test). Also, the client's insurance premium won't be affected.

As for two charges, I would need to know more info. Such as, was there an accident and a leaving the scene charge? I just had a client where she left the scene (only property damage) and she was charged with DUI and DUI w/ accident and leaving the scene. We had to plead to one and they dropped the other. We didn't need to get into the legal arguments as to whether the two charges were legal.

'Hope this helps. If my office can be of any assistance, please give us a call. Tom Rosenblum