Key Largo Multiple DUI Defense Lawyer

Experienced DUI Attorneys Defending Against Repeat Offense Charges in Key Largo, FL

Charges of driving under the influence (DUI) can be serious, and a person who is arrested for drunk driving may face multiple types of penalties. While a first-time DUI can lead to fines of up to $1,000, the loss of a driver's license, and the possibility of jail time, the penalties will increase significantly for a second offense and any additional DUI offenses. In these situations, prosecutors and judges are less likely to be flexible or lenient, and they may place harsh restrictions on a person that can affect their life in many ways.

Because of the serious nature of multiple DUI charges, a strong defense can be critical. At Keys Criminal Defense, PLLC, our lawyers have the experience needed to help people in the Florida Keys address accusations of intoxicated driving and defend against convictions. We know what strategies are most likely to be successful, and we will advocate for our clients during legal proceedings to help ensure that they can achieve the best possible results in their cases.

How a Second or Subsequent DUI Is Different From a First Offense

The penalties that apply for a person who is convicted of DUI will escalate with each conviction they receive. For a second DUI conviction, a person may be sentenced to up to nine months in jail, and they will be required to pay a fine of $1,000 to $2,000. If a second offense takes place within less than five years after their first conviction, they will be required to serve at least 10 days in jail, and their driver's license will be revoked for a minimum of five years.

A third DUI conviction or any additional DUI convictions that take place within less than 10 years of a previous conviction will be classified as a felony DUI. In general, a person may be charged with a third-degree felony. The penalties for a third-degree felony include a prison sentence lasting for up to five years and a fine of $2,000 to $5,000. The license revocation for a third DUI will last for at least 10 years.

Why Prosecutors and Judges Take a Harder Line in Multiple DUI Cases

When a person is facing a second or subsequent DUI charge, the legal system may be less likely to offer leniency when compared to a first DUI offense. The reasons for this harsher stance include:

Mandatory Minimums

Once a person has a prior DUI conviction, the laws require certain minimum penalties for any subsequent convictions. These include mandatory jail time, minimum fines, and specific periods of license revocation. Even if a judge may believe that a person should be treated leniently, they will be legally required to impose certain minimum penalties.

A Pattern of Repeated Conduct

Prosecutors will often treat a second or subsequent DUI charge as evidence that a person poses a risk to public safety. Multiple DUI charges may indicate that an arrest was not based on an isolated incident and that it shows that a person is likely to engage in dangerous behavior in the future. Prosecutors may be less willing to offer favorable plea agreements, and they may attempt to impose the maximum penalties the law allows.

Public Safety Concerns

Judges may also believe that a person who has been arrested for DUI multiple times could put other people at risk. They may believe that the penalties a person faced in the past did not prevent them from committing another DUI offense, and in response, they may impose longer terms of jail time or probation, larger fines, and other harsh penalties.

Steps Our Attorneys Take When Defending Against Multiple DUI Charges

While a person who has been charged with DUI for a second or subsequent time may face enhanced penalties, they will still have options for defending against a conviction. At Keys Criminal Defense, PLLC, we can help our clients determine the best strategies to use in these cases, which may include:

Reviewing the Validity of a Prior DUI Conviction

Our lawyers will look at previous DUI offenses to determine whether they qualify for a second or subsequent DUI charge in Florida. We may review out-of-state convictions or charges from more than five years ago and argue against them being considered in a current DUI case. This may help to prevent a person from being charged with a second DUI, a felony DUI, or another DUI offense that carries harsher penalties.

Challenging a Traffic Stop and Arrest

Our attorneys will review a case to determine whether a police officer had a lawful basis to stop and detain a person while investigating an alleged DUI offense. If an officer did not have reasonable suspicion to stop a driver, we may argue that the person should never have been stopped or arrested. If the information gathered during a traffic stop did not provide a reason to believe that a person was intoxicated, we may argue that a DUI arrest was not supported by probable cause.

Investigating the Reliability of Breath or Blood Tests

People arrested for DUI will usually be administered chemical tests to determine if they were intoxicated while driving. However, breath testing machines may provide inaccurate results if they had not been calibrated correctly or if an officer was not qualified to use a device. Blood tests may also be challenged based on improper transportation or storage of a blood sample, errors during testing, or other factors. Our lawyers will review testing procedures to determine whether test results can be challenged.

Negotiating With Prosecutors

While prosecutors may be less flexible in repeat DUI cases, it may be possible to negotiate agreements that will help to reduce the penalties a person may face. Our attorneys may take steps to reduce charges, determine whether alternative sentencing programs may be available, or have a case dismissed because of a lack of evidence or errors made by police officers during a traffic stop or arrest.

Preparing a Trial Defense When Necessary

Our lawyers can provide representation during criminal trials and fight to have clients acquitted of multiple DUI charges. We can work with qualified experts to review testing procedures, cross-examine police officers who stopped drivers or performed chemical testing, and take other steps to help defend against a DUI conviction.

Contact Our Key Largo, Florida Multiple DUI Lawyers

Because of the consequences that a person may face for a second or subsequent DUI charge, a strong defense from an experienced lawyer is crucial. At Keys Criminal Defense, PLLC, we can help clients determine their best options for addressing repeat DUI charges, and we will fight to achieve results that will protect a person's record and future. Contact our Key Largo, FL repeat DUI attorneys at 305-324-7888 to schedule a free consultation.