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DUI with Prior Convictions

Despite sensationalism from the media, most people charged with driving under the influence are first-time offenders with a blood- or breath-alcohol level barely over the legal limit. Such cases are simple misdemeanors, punishable by a maximum of 6 months in prison and a fine between $500 and $1,000. It may even be possible to avoid jail time altogether by attending a pre-trial diversion program. Even having your license suspended for a short time can be mitigated by the potential of a hardship license. 


But what happens if it’s your second offense? Or your third or fourth? 


Every subsequent offense leads to escalated consequences, possibly up to a felony charge depending on the circumstances. If you or someone you love has been charged with a DUI with prior convictions, contact Will Hanlon with Hanlon Law today to start discussing your options. 


What is DUI with Prior Convictions? 


A DUI with prior convictions is exactly what it says on the tin: a DUI charge for someone who already has DUI convictions on their record. The number of previous convictions matters significantly in these kinds of cases. 


What are the Consequences for DUI with Prior Convictions?


The consequences for a DUI with prior convictions charge will depend heavily on how many prior convictions you have, as well as how long ago those prior convictions occurred. 


Second DUI Convictions


If your second DUI offense occurs more than 5 years after the first, you can be charged with up to 9 months in prison and a fine between $1,000 and $2,000. That isn’t much more than a first offense, but isn’t insignificant, either. This kind of charge also negates the possibility of a hardship license, which means you won’t be able to drive legally at all, even just to work. 


If the second offense occurs less than 5 years from the first, the jail time and fine are the same, but you are also subject to a mandatory five-year license suspension without the opportunity for a hardship license. 


Third DUI Convictions


A third DUI offense is automatically eligible to be charged as a third-degree felony instead of a misdemeanor. Third-degree felonies are punishable by up to 5 years in prison and a fine up to $5,000. If the third offense occurs within 10 years of the previous conviction, it’s mandatory to charge it as a third-degree felony, and you’ll also have your license suspended for 10 years. 


Subsequent DUI Convictions


Any DUI offenses after the third (fourth, fifth, sixth, etc) are automatically charged as a third-degree felony, regardless of the period of time from the last conviction. They are also punishable by up to 5 years in prison and a $5,000 fine, but also come with a mandatory permanent license revocation. 


Aggravating Factors


There are certain aggravating factors that can lead to enhanced sentencing beyond what’s listed here. For example, if, during the course of the DUI, you cause damage to person or property, you can be charged with a DUI with property damage. If the damage to a person reaches the point that their “physical condition creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ,” you can be charged with a DUI with serious bodily injury. And if someone dies as a result of your driving under the influence, you might face manslaughter-related charges. 


Lakeland Criminal Defense Lawyers 


As you can see, a DUI with prior convictions can lead to severe, lifelong consequences. That’s why it’s vital to retain an experienced defense attorney as soon as possible to advocate on your behalf. Will Hanlon with Hanlon Law has been defending the accused for nearly two decades. Our dedicated legal team will work tirelessly on your case to help you build the best possible defense. Contact us today to schedule a free consultation.

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