Legal Question in DUI Law in Florida

I got a UBAL in 1977. I know that anyone's driving history is kept for 75yrs.. My ? is that 32 yrs ago I got a UBAL, and now I got a DUI in Oct. 09. The DA is trying to charge me with a second offense, and this sounds outrages. First off, in 1976 when I was charged, there were differently penalties than a DUI or DWI. How long can they use a UBAL against you to count as a second DUI? Second, online I read that under some law that if there is a difference that it must be favoritable to the defendant. Is this true?


Asked on 12/23/09, 4:52 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

They can charge you this as a second DUI but the state may have a hard time proving the prior due to its age. A good attorney should be able to keep this as a first for criminal purposes and sentencing. HOWEVER, the DMV will definitely consider this a second, unless you get the charge amended or dismissed. That means no hardship license for example and you would have to serve the full suspension. And while it may be unlikely you get two more DUIs, a 4th DUI would mean a permanent suspension even if the state were to charge this as a first DUI.

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Answered on 12/28/09, 7:23 pm


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