Repeat DUI Offenses in Polk County, FL

Strategic Representation for Second and Subsequent DUI Offenses

If you have been arrested for a second DUI or already have prior convictions, you must seek legal representation immediately. Florida law imposes harsh penalties for multiple DUI offenses, including being sentenced to serve jail time, having to pay steep fines, or being ordered to serve probation. Enhanced penalties can lead to substantial prison time and, depending on the circumstances, may result in a felony conviction.

Regardless of the circumstances involved in your case, you cannot afford not to have a skilled Polk County DUI lawyer on your side. The Law Firm of Gil Colón, Jr. has a proven record of helping clients when they need it most. Contact our multiple DUI lawyers in Bartow, FL, today to schedule a free initial consultation to get started on your case.

What Triggers Enhanced Penalties?

No one wants to deal with the consequences of a DUI arrest. To make matters worse, A second or subsequent offense qualifies for enhanced penalties far greater than those imposed for a first DUI conviction.

Situations that can trigger enhanced penalties include:

• Prior Convictions: A second or subsequent DUI conviction
• High BAC: A blood alcohol level of 0.15% or higher
• DUI Manslaughter: Causing someone’s death while driving under the influence
• Vehicular Homicide with DUI: Different than DUI manslaughter, an individual may be charged with vehicular homicide if they operated their vehicle recklessly, causing the death of another person
• Property Damage or Injury: DUI accidents that result in damage or serious bodily injury
• Minor in Vehicle: Driving under the influence with a passenger under 18 years old in the vehicle

What are the Consequences for a Second Offense with High BAC?

Polk County judges take a dim view of multiple DUI offenses. Even so, defendants charged with a second offense who also registered a high BAC of 0.15% or higher face the possibility of being sentenced to serve up to 12 months in jail. Florida law also stipulates that individuals be ordered to serve a mandatory 10-day jail term if the second DUI occurs within five years of the first offense.

You will also face a mandatory five-year license revocation (if within five years of the first DUI conviction).

Other consequences of a second DUI conviction include:

• Fines ranging from $2,000 to $4,000
• Installation of an ignition interlock device (IID) for at least one year
• Mandatory immobilization or vehicle impoundment for 30 days
• Participation and completion of Level II DUI school

The judge may also order that you be ordered to serve probation, which requires monthly check-ins with a probation officer, alcohol and drug testing, and monthly fees. Not everyone who is charged with a second DUI offense and who also registered a high blood alcohol level is automatically granted probation. It pays to have a skilled DUI lawyer willing to fight for your rights, like those of The Law Firm of Gil Colón, Jr., who will work closely with the prosecutor to try to protect your interests.

When can a DUI be charged as a Felony?

Under Florida law, an individual can be charged with a felony DUI for numerous reasons. One of the most common reasons is that it is their third DUI conviction within 10 years or a fourth or subsequent offense. A fourth or subsequent DUI conviction is a third-degree felony, even if the prior convictions occurred years ago. Penalties are enhanced with multiple DUIs, and a third or fourth conviction could result in a five-year prison sentence.

Serious Bodily Injury

If another person suffered a serious bodily injury, the case can also be charged as a third-degree felony, even for a first DUI offense. In Florida, a third-degree felony is punishable by up to 5 years in prison, up to 5 years of probation, and a fine of up to $5,000.

DUI Manslaughter

DUI manslaughter is charged as a second-degree felony and upgraded to first-degree if the driver leaves the accident scene. If convicted of DUI manslaughter, a defendant could be sentenced to up to 15 years, but must serve at least four years. If the defendant left the scene of the accident, they could be sentenced to serve up to 30 years in prison.

If you are facing felony DUI charges, hire an experienced DUI lawyer who can craft a custom defense strategy that safeguards your freedom. Failing to secure qualified legal representation could have long-lasting consequences that can negatively impact your future opportunities.

What are some of the Legal Defenses that can be used to Fight Multiple DUI Charges?

The best way to avoid the penalties that accompany multiple DUI convictions is to hire a criminal defense attorney who can craft a custom legal strategy for your case.

Challenging the Evidence

One of the primary methods DUI defense attorneys use to build their defense strategies is to challenge the evidence. For example, suppose a Polk County Sheriff’s deputy pulls you over and asks you to submit to field sobriety tests (FSTs) or a breath test. FSTs are subjective and based on the officer’s opinion. An attorney can argue that the arresting officer lacked probable cause or failed to follow proper procedures when conducting field sobriety or breath tests.

Disputing the Validity of Chemical Tests

A knowledgeable DUI attorney will thoroughly assess the state’s evidence, including blood and breath tests, to identify potential errors. Common testing errors often include faulty or improperly calibrated testing equipment, contamination, or waiting too long to draw blood.

Motion to Suppress Evidence

If your attorney determines that your rights have been violated, such as if the officer lacked probable cause to initiate the traffic stop or illegally searched your vehicle, they can argue that the evidence should be excluded. In many instances, when evidence is suppressed, it significantly weakens the state’s case, and they may decide to dismiss the charges.

Negotiate With Prosecutors

The goal of a DUI defense attorney is to have charges dismissed and avoid a conviction entirely. Even so, there are specific instances where prosecutors are unwilling to dismiss charges. When prosecutors decide to move forward with prosecution rather than dismiss the case, the other option is to seek a reduction in the charges. A Polk County DUI attorney will work diligently to try to get the prosecution to agree to reduce the charges to reckless driving.

Why Should I Choose The Law Firm of Gil Colón, Jr. to Defend Me Against Multiple DUI Charges?

No one ever wants to think they may be charged with more than one DUI. Multiple DUI charges can be challenging to overcome personally and professionally. Our law firm recognizes that individuals sometimes make poor decisions that can affect their lives for years to come.

At The Law Firm of Gil Colón, Jr, we are committed to helping clients protect their freedom and reputation. We realize that not all law enforcement officers get it right, and that prosecutors are often overzealous in prosecuting DUI cases. We will thoroughly investigate your case to determine how we can advocate on your behalf.

When you come to us for help, you will benefit from working with a local Hispanic and bilingual attorney committed to serving the community. Contact our law office today at 863-622-9602 to schedule a free initial consultation.