Q: Im being charged with DUI in FL. How do I know if they are considering my prior DUI in Ohio
A: They will be considering it. They will be checking the national crime indexing computer database, and if you had the dui in ohio a short time ago, you may be looking at a minimum of 10 days in jail. There are many other factors to consider and you really should get a private attorney.
A: Sometimes it gets over looked or is used by the prosecutor as leverage to get a plea. The classic example is the prosecutor will offer a first DUI and if it is not accepted and the case is set for trial they will request the judgement and sentence from Ohio. If they have a certified judgement and sentence or if the Ohio DUI is on your Florida driver's history it will be charged as a second. The way to find out is wait for the offer and if they say second DUI outside of five years or second DUI within five years you will know it is being used. If you have an attorney talk to them about it and they will deal with it accordingly. Even if the prosecutor misses it DMV will hit you with additional license suspension if they find out about it. The big issue is if the conviction date was within five years of your arrest date. If that is the case DMV will increase the license suspension to 5 years if they find out about the prior. Talk to an attorney and they will be able to help you with this issue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
