Criminal Law Review

So, after you were convicted of D.U.I., you promised yourself you would never get arrested again. Yet, here you are in Palm Beach County charged with D.U.I. again.! A second D.U.I. arrest within 5 years of the first conviction is a serious problem!

Needless to say, if your second D.U,I. arrest occurs while you are still on probation for the first D.U.I. then not only will you violate probation but you will also be prosecuted on the second. Yes, the judge WILL jail you. An arrest while on probation is a serious matter. Though a mere arrest alone is not enough to violate you, you will still have difficulties!

But, this article is essentially about what happens if you are arrested and you are no longer on probation for the first D.U.I. What happens? Well, first of all you are still entitled to the administrative hearing at the Bureau of Administrative Review, 6801 Lake Worth Rd., Suite 203, Lake Worth,Fl. and you are entitled to a business permit while awaiting your hearing. If you prevail at the administrative you get your regular license back pending the outcome of the criminal case. If you lose at the administrative hearing your license is gone for 12 -18 months AND you are NOT able to get a work permit.

As far as the criminal prosecution is concerned it is like the first ONLY the penalties are greatly enhanced. You face 9 months in the county jail. No, you will not get the maximum! But the offer from the assistant state attorney will include 30 to 60 days in jail. You might be interested to know that as part of any sentence on a second D.U.I. there is a 10 day MANDATORY MINIMUM jail sentence. In addition the fines and court costs are greatly enhanced. You will have to attend the advanced D.U.I. School. The immobilization is for a period of 30 days. The assistant state attorney will also want 75-100 hours of community service. The license revocation is for a period of 5 years. Yes, 5 years and no you cannot get a permit for the first year. You might have to attend the victim impact panel again. Of course, you will be on probation for 12 months to make sure you comply with the foregoing special conditions. Lat but not least you WILL have to install on your vehicle, or any vehicle you have access to, an ignition interlock device. The installation of the device will not take place until you are off probation. It is actually a requirement that must be met BEFORE you can ever get any form of license again.

Of course,this is only if you are found guilty. You are of course entitled to a trial. There are motions that can be filed to whittle down the evidence that the assistant state attorney can use. The jury will not be informed that you have a prior conviction. A few years ago I had a client who picked up two D.U.I.s within 30 days of one another. He also had priors. I tried the first one on a Tuesday and he was acquitted. I tried the second one on Thursday and again he was acquitted. I have also had cases where the client was on probation from the first DUI and I have managed to secure acquittals on the second. Remember, there is hope!

Allow me to leave you with this thought, simply do not drink and drive!

Copyright 2008,Timothy Foster. All Rights Reserved!