Individual Strategies -
Decades of Experience Handling Florida
Personal Injury and Wrongful Death Claims
August 20, 2012
A 42-year-old man was arrested for his fifth DUI Tuesday night in Holiday, Florida.
The man allegedly drove by a Pasco County Sheriff’s deputy while drinking from a can of Busch beer.
According to reports, when the deputy pulled him over, the man told the officer he was drunk. The deputy claims the man had a beer in his hand and said that he had consumed a few beers before getting behind the wheel of his car.
The deputy noted that the man had glassy, bloodshot eyes, slurred speech and a sweaty body.
The man was asked to perform a field sobriety test, and allegedly agreed. According to the report, he fell over several times and could not complete the tests.
He apparently refused a breathalyzer test.
The deputy claims the man’s driving record indicates that his license was permanently revoked and he had four previous DUI convictions between 1998 and 2008.
In the state of Florida, a 5th DUI arrest can be charged by the State Attorney’s Office as a felony, which carries potential consequences of up to five years in prison. It is unknown at this point whether the Pasco County State Attorney’s office will charge this man with felony DUI, but prosecutors have 21 days to file a charge from the date of arrest. With that said, it isn’t uncommon for prosecutors to be nearly ready for trial before charging a defendant. Furthermore, for every DUI conviction received, prosecutors can attach enhanced penalties.
Remember, previous DUI convictions can influence how you are treated during the criminal process. A jury may believe that your multiple DUI convictions automatically make you guilty of any additional charges. Likewise, prosecutors and judges will do anything to teach repeat offenders a lesson, which could result in your driving privileges being permanently revoked. It is not unusual for the court to impose maximum sentences to drivers with a history of multiple DUI convictions.
Any person arrested for DUI that has previously been convicted of driving under the influence needs a Florida DUI Defense Attorney to make sure their rights remain protected under Florida law. Failing to effectively fight a fourth, fifth or subsequent DUI charge could result in increased prison time and higher fines, in addition to other consequences.
If you have been arrested or charged with your fourth, fifth or subsequent DUI charge in Pasco County or elsewhere in the state of Florida, contact the Florida DUI Defense Lawyers at Whittel & Melton online or call our Pasco County office at 727-847-2299. You can reach us statewide and toll-free by dialing 1-866-608-5LAW (5529).