Austin, TX asked in DUI / DWI for Florida

Q: I was convicted 2nd dui outside of five but was arrested within the five In FL. It was treated like a 1st is that norma

I thought I would have a 5 year revocation? But they only gave me one year can I be retried later? Or will this deal stick?

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2 Lawyer Answers

A: Each state's laws determine how to "count" a LOOKBACK period. Apparently, FL looks at it as date of 1st arrest to date of next conviction. Georgia uses date of arrest to date of arrest. North Carolina used date of CONVICTION to date of next arrest, which is the absolute worst, and most aggressive method of counting, in terms of an accused person's rights.

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Answered

A: The statute goes from conviction date to next arrest date, that resulted in a conviction. They may catch it down the road, but for now...

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